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News

First St. closure set for Saturday

First Street in downtown Los Altos will be closed Saturday (Nov. 22) between West Edith Avenue and Shasta Street for street paving. The closure is scheduled from 7 a.m. to 7 p.m. In the event of poor weather, the work will be rescheduled for a later ...

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Schools

Scientists bring experiments into MV classrooms

Scientists bring experiments into MV classrooms


Ellie Van Houtte/Town Crier
During a Science is Learning geology lesson, Theuerkauf Elementary School students learn about igneous rocks by observing how sugar changes form when heated.

Hundreds of local elementary students perform experiments w...

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Community

Local actors star in PYT's 'Oklahoma!'

Local actors star in PYT's 'Oklahoma!'


Courtesy of Peninsula Youth Theatre
PYT’s “Oklahoma!” features, from left, David Peters of Mountain View, Jenna Levere of Los Altos and Kai Wessel of Mountain View.

Time is running out to catch Peninsula Youth Theatre’s production of “Oklahoma!”...

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Sports

Eagles advance

Eagles advance


Ellie Van Houtte/Town Crier
Los Altos High’s Carmen Annevelink, left, and Kristen Liu put up a block against Mountain View. Annevelink totaled 20 kills.

Mountain View High’s out-of-the-gate energy could last for only so long against rival and he...

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Comment

Coping with addictions: Haugh About That?

Preparing to deal with my lifelong addiction, I stood in front of the mirror ready to confess the shame I’d been hiding. The first step to healing, I reminded myself, is to admit something is wrong.

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Special Sections

NASA, Google agreement preserves Hangar One

NASA, Google agreement preserves Hangar One


Bruce Barton/Town Crier
Hangar One, pictured here last January, will be restored under an agreement between Google and NASA.

NASA and Google Inc. forged an agreement last week that allows Google to lease a portion of NASA’s historic Moffett Fede...

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Business

State Street science center closing Nov. 30

State Street science center closing Nov. 30


Ellie Van Houtte/
Helix at 316 State St. is closing after the completion of a one-year grant from Passerelle Investment Co. The science center became a popular destination because of its various exhibits. Town Crier

A popular downtown destination...

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Books

Children's author signs books at Linden Tree

Children's author signs books at Linden Tree


Author Tiffany Papageorge is scheduled to sign copies of new her book 11 a.m. Dec. 6 at Linden Tree Books, 265 State St., Los Altos.

Papageorge’s “My Yellow Balloon” (Minoan Moon, 2014) is a Mom’s Choice “Gold” winner. In the book, the Los Gat...

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People

JAMES WINDELL SMITH

JAMES WINDELL SMITH

January 11, 1939 – November 6, 2014
Resident of Mountain View

James Windell Smith, a 40 year resident of Los Altos, passed away from complications after a post-surgery stroke November 6th, 2014 in Los Gatos, California.

Born on January 11, 1939 on...

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Travel

Olive Sonoma: There's more to the quaint town than wine

Olive Sonoma: There's more to the quaint town than wine


Eren Göknar/ Special to the Town Crier
While many day-trippers may think that Sonoma is all about the grapes, the region boasts other delights. Try a biplane ride over the patchwork landscape.

Sonoma, a scenic two-hour drive from Los Altos, boa...

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Stepping Out

LA Stage Company opens 'Fairway'

The Los Altos Stage Company production of Ken Ludwig’s new comedy “The Fox on the Fairway” is slated to run Thursday through Dec. 14 at Bus Barn Theater, 97 Hillview Ave.

A tribute to the English farces of the 1930s and 1940s, “Fox” is a romp that p...

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Spiritual Life

Author of Jewish historical novel slated at Congregation Beth Am

Author of Jewish historical novel slated at Congregation Beth Am


The Beth Am Women have scheduled “A Conversation with Author Maggie Anton” 7:30 p.m. Nov. 20 at Congregation Beth Am, 26790 Arastradero Road, Los Altos Hills.

Anton, winner of the 2012 National Jewish Book Award for Fiction, will discu...

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Magazine

Christmas At Our House home tour celebrates 26 years

Christmas At Our House home tour celebrates 26 years


Courtesy of Christopher Stark
Homes on the St. Francis High School Women’s Club’s Christmas at Our House Holiday Home Tour showcase a variety of architectural styles.

The days grow short on sunshine but long on nostalgia as the holidays approach...

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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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