Wed03042015

News

Council considers freezing First St. development

Council considers freezing First St. development


Megan V. Winslow/Town Crier
A pedestrian walks along First Street in downtown Los Altos last week. Future construction on the street could soon be barred by an emergency moratorium on development.

Further construction along First Street could be t...

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Schools

Santa Rita students put on Kranky Kids Radio Show

Santa Rita students put on Kranky Kids Radio Show


Traci Newell/ Town Crier
Neighborhood volunteer Lishka DeVoss, center, introduces members of Santa Rita School’s Kranky Kids Radio Club to their interviewee last week. The students star in the Kranky Kids Radio Show, which airs Fridays on KZS...

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Community

Music for Minors partners with Harvard to expand efforts

Music for Minors partners with Harvard to expand efforts


Palmer

When the thriving Music for Minors began to outgrow its capacity, the local nonprofit organization made new friends.

Beginning in late February, Music for Minors – a Town Crier Holiday Fund recipient – partnered with Harvard Business Sch...

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Sports

Eagles rally past Rams


Megan V. Winslow/Town Crier
Los Altos High’s Patrick McColl scores on a breakaway dunk Saturday against Willow Glen. He scored 12 points in the victory.


Patrick McColl’s breakaway dunk emphatically ensured Los Altos High’s greatest comeback win ...

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Comment

Dangerous streets: A Piece of My Mind

I’m driving along El Monte Avenue between Foothill Expressway and Springer Road at approximately 6 p.m. on a midwinter evening. In keeping with the “village feeling” of our town, there are no sidewalks and no streetlights.

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Special Sections

Lions, lambs and Cab Franc for March

Lions, lambs and Cab Franc for March


Christine Moore/Special to the Town Crier
Oven fries, a slice of feta cheese and the bite of harissa mayonnaise make for a late-winter, early-spring dinner perfectly paired with Cabernet Franc.

I can’t help but wonder whether March will come in ...

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Business

Los Altos scientist named Inventor of the Year

Los Altos scientist named Inventor of the Year


Alicia Castro/Town Crier

Robert Showen, above, the Silicon Valley Intellectual Property Lawyers Association’s Inventor of the Year, began researching his ShotSpotter technology in his Los Altos home. Sensors are placed around a city, below, and fo...

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Books

French novel

French novel "Hunting and Gathering" offers character-driven suspense


Anna Gavalda is a well-known author in her native France, where she has published six books, most of which have met with considerable praise and commercial success. Her fourth novel, “Hunting and Gathering” (Riverhead Books, 2007), is filled ...

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People

JACK JOSEPH CRANE

JACK JOSEPH CRANE

Long time Los Altos resident, Jack Joseph Crane, loving husband and devoted father of two children, passed away peacefully at the Terraces in Los Altos, Saturday, February 21, 2015. He was 95 years of age. Jack was born on June 22, 1919. He is prec...

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Travel

Seoul of the city: Korean capital offers mix of old and new

Seoul of the city: Korean capital offers mix of old and new


Ramya Krishna/Special to the Town Crier
Seoul’s Cheonggyecheon public recreation space, above, features an elevated pedestrian bridge.

Seoul, South Korea, is a study in contrasts. Having grown quickly, the city is a mix of old and new.

Using...

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Stepping Out

TheatreWorks jumps into ‘Lake’

TheatreWorks jumps into ‘Lake’


Kevin Berne/Special to the Town Crier
Jason Bowen, from left, Adam Poss and Nilanjana Bose star in “The Lake Effect,” opening this weekend at the Lucie Stern Theatre in Palo Alto and running through March 29.

The TheatreWorks production ...

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Spiritual Life

Is your thought life sabotaging your spiritual journey?

My computer started having problems – there seemed to be some sort of malware running in the background. At first it was just annoying, then it began to slow down my computer, interfering with its basic operations. What is it doing? Why can...

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Magazine

Local events serve up family fun

Local events serve up family fun


Courtesy of Peninsula Youth Theatre
Peninsula Youth Theatre’s production of “Pecos Bill: A Tall Tale” is slated to open March 20 in Mountain View.

For families seeking a break from the daily routine, events abound this month and next in Los Alto...

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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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