Sun09142014

News

Council approves directional signs for Los Altos' Woodland Plaza

Council approves directional signs for Los Altos' Woodland Plaza


Ellie Van Houtte/Town Crier
The Los Altos City Council last week approved the installation of two new directional signs on Foothill Expressway pointing motorists to the Woodland Plaza Shopping District.

The Los Altos City Council voted unanimou...

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Schools

New head of curriculum’s ideologies align with LASD

New head of curriculum’s ideologies align with LASD


Ellie Van Houtte/Town Crier
Edsel Clark, new Los Altos School District assistant superintendent for curriculum and instruction, above, facilitates a junior high mathematics curriculum meeting last week.

Edsel Clark, Ed.D., new assistant superintend...

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Community

Closing reception caps Foothill photo show on rural China

Closing reception caps Foothill photo show on rural China


From IncredibleTravelPhotos.com
Jacque Kae’s “Mischievous” is one of the many photographs on display at Foothill College this month.

Photographs of the land and culture of Huangshan and Zhangjiajie, China, are on exhibit through Sept. 26 at t...

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Sports

Spartans shine in opener

Spartans shine in opener


Ellie Van Houtte/Town Crier
Mountain View High’s Frank Kapp snares a touchdown pass from quarterback Owen Mountford in Friday’s win.

Leading by a point at halftime, the Mountain View High football team outscored visiting Del Mar 20-0 the rest of...

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Comment

A look ahead to the Nov. 4 election: Editorial

Election season is upon us. In Los Altos, we have three major local races ahead – two seats on the Los Altos City Council, and three seats each on the Los Altos School District and Mountain View-Los Altos Union High School District boards of tr...

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Special Sections

Renovation complete,  Villa Siena looks to future

Renovation complete, Villa Siena looks to future


Above and Below Photos Ellie Van Houtte/Town Crier; Left Photo Courtesy of Villa Siena
Villa Siena in Mountain View recently underwent a $35 million face-lift. The five-year project expanded their senior living community’s space and ability to serv...

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Business

Transitioning from postage to pets

Transitioning from postage to pets


Ellie Van Houtte/Town Crier
A new Pet Food Express store is scheduled to open at the Blossom Valley Shopping Center this month.

A site that previously existed to meet postal service needs will soon have an entirely different purpose – serving pe...

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Books

‘The Humans’ transcends alien genre to glean human insights

‘The Humans’ transcends alien genre to glean human insights


A good story about aliens is always great fun to read – after all, it’s only by attempting to understand the human race from another perspective that we can see ourselves more objectively.

But readers who might be tempted to dismiss ye...

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People

JEANNE PACKARD

After suffering a stroke in May, Jeanne Packard died August 10, 2014 at age 83. She was born in 1931 in Berlin, Germany, the only child of Emily Channel and Frank Howe Packard of Chicago, IL. Jeanne is survived by 5 great grandchildren. She was a lon...

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Travel

LA photographer spends a night with cranes – and moose – in Alaska

LA photographer spends a night with cranes – and moose – in Alaska


Sandy Powell/Special to the Town Crier
Los Altos resident and bird photographer Sandy Powell recently visited Homer, Alaska, to photograph Sandhill cranes, below. While there, Powell also encountered moose, left.

Los Altos resident Sandy Powell, a...

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Stepping Out

'Trailer Park' opens in Los Altos

'Trailer Park' opens in Los Altos


Courtesy of Los
The cast of Los Altos Stage Company’s “The Great American Trailer Park Musical” includes, from left, Mylissa Malley as Lin, Vanessa Alvarez as Betty, and Christina Bolognini as Pickles. Altos Stage Company

Los Altos Stage Company...

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Spiritual Life

9/11 survivor Michael Hingson finds purpose

Imagine walking down 78 flights of stairs – 1,463 individual steps. You are in imminent danger as you walk, unsure whether you can make it out of the building before it collapses or explodes. Struggling for each breath, you smell the heavy sten...

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Magazine

Los Altos Hills home showcases resort-inspired living

Los Altos Hills home showcases resort-inspired living


Courtesy of Spectrum Interior Design
In place of a more traditional fireplace, this modern living room features a linear-flame firebox that emits heat while offering a sculpturelike design element.

After traveling the world and visiting a host...

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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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