Sat04252015

News

LAH resident killed in cycling accident

LAH resident killed in cycling accident

A longtime Los Altos Hills resident and philanthropist struck by a bicyclist Monday (April 20) while walking along Page Mill Road has died from the injuries she sustained.

Kathryn Green, 61, died a day after the accident, according to the Santa Clar...

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Schools

LASD Junior Olympics scheduled Saturday

LASD Junior Olympics scheduled Saturday


Town Crier File Photo
The Los Altos School District Junior Olympics are slated Saturday at Mountain View High School. District officials say the opening ceremonies, above, are always memorable.

Los Altos School District fourth- through sixth-grader...

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Community

Altruism, adventure in Africa: Los Altos couple relates experiences in new book

Altruism, adventure in Africa: Los Altos couple relates experiences in new book


Courtesy of Wendy Walleigh
Rick and Wendy Walleigh spent a year and a half in Swaziland and Kenya.

Los Altos residents Rick and Wendy Walleigh experienced long, successful high-tech careers. But retirement? No, it was time for an encore.

Leavin...

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Sports

Workout warriors

Workout warriors


Megan V. Winslow/Town Crier
Los Altos High gymnast Jessica Nelson soars by coach Youlee Lee during practice last week. Lee is a 2005 Los Altos High grad.

Some coaches would like to see their athletes work harder. Youlee Lee has the opposite problem ...

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Comment

Ending the debate: No Shoes, Please

In a general sense, everything is up for debate with me: What do I cook for dinner? Did I do the right thing? What color paint for the bedroom? Do I really want to go? Has the team improved? What difference does it make? Should I give him a call? Is...

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Special Sections

Fitness focus: No holds barred for Los Altos sisters

Fitness focus: No holds barred for Los Altos sisters


Photos Courtesy of Barre 3
Gillian Brotherson, kneeling at left, guides studio instructors through a workout at barre3 Los Altos.

Health is all about balance. That’s what two Los Altos natives learned as they navigated work, motherhood and welln...

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Business

Physical therapist brings business background to new Los Altos clinic

Physical therapist brings business background to new Los Altos clinic

Courtesy of Eliza Snow
Strive owner Robert Abrams, kneeling, runs a balance test.

With more than a dozen physical therapy clinics in Los Altos, one new business owner streamlined his approach in an effort to set his practice apart.

“I always wan...

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Books

People

CAPTAIN: CHARLES THOMAS MINOR

CAPTAIN: CHARLES THOMAS MINOR

Age 96

December 7, 1918  - March 28, 2015 

Chuck passed away peacefully in the home he built in Los Altos surrounded by his beautiful wife of 69 years, Bonnie, his two sons and their spouses, David Minor & Caryn Joe Pulliam; Steve &...

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Travel

Cuba libre: Local residents join mad rush of travelers

Cuba libre: Local residents join mad rush of travelers


Natalie Elefant/Special to the Town Crier
Los Altos resident Natalie Elefant noted the vibrant street performances as a traveler in Cuba.

The U.S. restored diplomatic relations with Cuba late last year, enabling Americans to import $100 worth of cig...

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Stepping Out

Stage fright

Stage fright


Joyce Goldschmid/Special to the Town Crier
“The Addams Family” stars, from left, Betsy Kruse Craig (as Morticia), Joey McDaniel (Uncle Fester) and Doug Santana (Gomez).

The Palo Alto Players production of “The Addams Family”...

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Spiritual Life

Magazine

Food for thought: Hidden Villa programs offer teens training in sustainability on the farm

Food for thought: Hidden Villa programs offer teens training in sustainability on the farm


/Town Crier It’s not all cute and cuddly for teens participating in the eight-week Animal Husbandry Apprenticeship program at Hidden Villa in Los Altos Hills. Mia Mosing of Palo Alto, left, and Sophia Jackson of Los Altos clean the pigpens – one of...

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Inside Mountain View

Up to the challenge: Local leaders unite to help at-risk youth

Up to the challenge: Local leaders unite to help at-risk youth


Courtesy of Challenge Team
Jeanette Freiberg, bottom of pile, has fun with family members. The Challenge Team named Freiberg, a student at Mountain View High School, its 2015 Youth Champion.

There’s an ongoing joke among members of the Challenge...

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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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