Fri02122016

News

SPLAT targets data, outreach as airplane noise continues

SPLAT targets data, outreach as airplane noise continues


Graphic courtesy of Don Gardner
Activists claim that a new SFO flight path leaves a “sound shadow” that impacts Los Altos and Los Altos Hills.

Sky Posse Los Altos Team – more simply known as SPLAT – seeks to squelch the noise...

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Schools

Los Altos High student-run charity plans '5 Gallon Gala'

Los Altos High student-run charity plans '5 Gallon Gala'


Courtesy of Lia Evard
Water by Youth members gave Egan students a chance to carry a 40-pound Jerry can, to see how difficult it is to obtain water in developing nations.

Water by Youth, a club at Los Altos High School, is making a splash by pla...

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Community

What would you do with a box of cookies? Local Girls Scouts help Tanzanian orphanage

What would you do with a box of cookies? Local Girls Scouts help Tanzanian orphanage


Courtesy of Alicia Madden
Sales of local Girl Scout cookies support service projects, such as funding an orphanage in the village of Mto wa Mbu in Tanzania.

Girl Scout cookies – whether you think of them as a treat, a tradition or a diet comp...

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Sports

Scoreless spells sink LA boys

Scoreless spells sink LA boys


Megan V. Winslow/Town Crier
Los Altos High point guard Nolan Brennan attempts a shot in Friday’s game versus Palo Alto. He scored eight points in the loss.

There have been several games this season in which the Los Altos High boys basketball t...

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Comment

New 'York' values

New 'York' values


Hughes

 

As we have witnessed California suffer through one of its worst droughts in history over the past few years, all of us, I’m sure, have been keenly aware of our surroundings and have done a small part in trying to conserve wa...

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Special Sections

Getting a charge  out of the Volt

Getting a charge out of the Volt


Courtesy of Chevrolet
The 2016 Chevrolet Volt can be driven up to 50 miles on the power stored in its batteries.

Just five years ago, we wondered in this column what the power supply would be for the car of the future. Gasoline, diesel, electric ba...

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Business

Nearing V-Day: Shops stock sweets, treats

Nearing V-Day: Shops stock sweets, treats


Megan V. Winslow/Town Crier
Los Altos resident Ella Roosakos, 11, with her mother, Gail, puzzles over which Gourmet Works sweets to buy as a valentine for Ella’s friend.

The gift-buying rush isn’t exclusive to Christmas. It may jump over...

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People

ALAN RODNEY MILLS

ALAN RODNEY MILLS

Alan Rodney Mills, PhD, 83, of Los Altos passed away peacefully on Saturday, January 30th, 2016. He was born in Rochdale, England in 1933 and came to California in 1962. He was a proud alumni of Manchester Grammar in England, University of Liverpoo...

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Stepping Out

PYT 'Gets Famous'

PYT 'Gets Famous'


Lyn Flaim Healy/Spotlight Moments Photography
Renee Vetter of Palo Alto, left, and Megan Foreman of Los Altos star in Peninsula Youth Theatre’s “Judy Moody Gets Famous.” Performances are scheduled Friday and Saturday.

Peninsula...

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Spiritual Life

A time to prepare: Fasting for Lent isn't limited to food

 

Today is Ash Wednesday, which in the Christian calendar marks the beginning of Lent – the 40 days of preparation for Resurrection Sunday, otherwise known as Easter.

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Inside Mountain View

New right-to-lease ordinance promises relief for renters

New right-to-lease ordinance promises relief for renters


Mountain View Tenants Coalition/Facebook
Residents gather in the fall to protest Mountain View’s rising rents. Rent relief is on the way in the form of a new ordinance.

A controversial Mountain View law requiring landlords to provide lease opt...

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Both sides move for decision in Ponzi case

In what may prove a last barrage of documents, the Securities and Exchange Commission and Los Altos resident Mark Feathers filed dueling requests for a judge’s final decision last month.

Feathers, accused of misleading investors in the funds he managed, asked U.S. District Judge Edward J. Davila for a summary judgment exonerating him.

His Los Altos-based company, SB Capital Corp., managed two funds that had gathered approximately $42 million from investors over the past five years. When the SEC seized them in June, an appointed receiver assessed the funds’ holdings at approximately 75 percent of their stated value, suggesting that investors lost some but not all of their money.

SEC prosecutor John Bulgozdy seeks more than $12.3 million from Feathers, the amount approximately representing what his 400 investors stand to lose as the business is dismantled, plus a $300,000 additional penalty. Bulgozdy did not suggest that Feathers necessarily had that money among his assets, currently frozen by the court.

In its case, the SEC depicts SB Capital as a company that had lost money on underperforming investments in recent years.

Bulgozdy presented evidence that Feathers had moved money around the business to disguise losses, present investors with the appearance of success and continue to pay himself.

Feathers, in turn, submitted documentation of SB Capital investor correspondence that he believes demonstrates that his company operated transparently and with investor notification and approval.

At the heart of the case lie questions of comprehension: Did investors understand, read and sign documents concurring with SB Capital’s business practices; and did the company break the law even if it had investor support?

Investor approval or deception?

One document, an SB Capital mailing introduced as evidence, illustrates the contending interpretations heard in court. In it, Feathers cheerily stated that fund note investments were “performing as agreed” but requested that investors sign a form allowing the company to make a loan to itself, or, as he defined it, “assume any deficit to the note amount through a receivable to the fund.” He assured them that “this action will not likely have any material bearing on future fund member earnings.”

According to the SEC’s interpretation, Feathers sought to borrow funds so that he could continue to return interest at a rate approaching 7.5 percent and fund his business, even as the investments failed to perform. Feathers alleged that this act of borrowing was explained in writing, but some investors interviewed by the SEC claimed they absolutely did not understand that their investments were not performing as well as returns seemed to indicate.

Campbell resident Robert Morris described investing larger and larger increments of money with Feathers’ company, as his account statements showed a rosy rate of return each month. He reinvested that return, sinking himself deeper into the enterprise.

“At no time did I understand that I was being asked to approve (SB Capital) borrowing money from IPF (Investors Prime Fund) or SPF (SBC Portfolio Fund), nor did I understand that I was being asked to ratify prior borrowing from the two funds,” he wrote in a declaration.

Decoding assets and liabilities

In addition to arguing that he fully met disclosure requirements, Feathers counters in his court filing that the borrowed money was used properly as “reimbursement of expense or for monies to be spent for expenses.”

David Gruebele, a consultant who worked with SB Capital on accounting issues, explained in a declaration that because SB Capital borrowed the money as a “due from” or manager’s note, it was recorded as an “asset” of the funds rather than an expense.

“I advised Mr. Feathers that (the funds) had distributed more to investors than the funds’ income at that point in time,” Gruebele said. “In response, Mr. Feathers usually assured me that additional income was going to be generated in the near future from new transactions that would balance the overdistributions and/or generate net management. From early 2010 through early 2012, the amount owed by (SB Capital) to the funds grew by millions of dollars.”

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