Sun04192015

News

Car breaks through glass door, closes Trader Joe’s for the day

Car breaks through glass door, closes Trader Joe’s for the day

Alicia Castro/Town Crier
Trader Joe's employees survey the damage after a car smashed through the glass doorway earlier today.

Trader Joe’s on Homestead Road is closed for the remainder of the day (April 17) after a car barreled through the glas...

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Schools

Pinewood student writes book about living with autism

Pinewood student writes book about living with autism


Traci Newell/Town Crier
Pinewood School senior Georgia Lyon wrote and illustrated “How to Be Human: Diary of an Autistic Girl” in 2013.

Although first published under a pseudonym, Pinewood School student Georgia Lyon is stepping out to ...

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Community

Sale offers opportunity to 'discover' jewels, fight cancer

Sale offers opportunity to 'discover' jewels, fight cancer

Volunteers and staff at the American Cancer Society's Discovery Shop in downtown Los Altos urge shoppers to "Be A Gem, Buy A Jewel" during the shop's special sale this Friday (April 17) and Saturday (April 18).

The sale is an opportunity to find Mot...

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Comment

Editorial: Let's assume not to presume

Two recent downtown Los Altos stories offer lessons in the drawbacks of jumping to conclusions.

A few months back, the Town Crier published an article on Ladera Autoworks on First Street closing its doors. That part was true, but the reason was not....

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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

Steinway gallery brings pianos, musicians to downtown Los Altos

Steinway gallery brings pianos, musicians to downtown Los Altos


Alicia Castro/Town Crier
Chrissy Huang, manager of Steinway Piano Gallery in Los Altos, showcases Steinway & Sons’ signature instruments. The gallery plans to host concerts with performers tickling the ivories.

A new downtown Los Altos bus...

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Books

'Pope Joan' Book weaves tale around legend of female pontiff

'Pope Joan' Book weaves tale around legend of female pontiff


The idea that there may have a female pope at one time in history has generated much speculation throughout the centuries. “Pope Joan” (Crown, 1996) by Donna Woolfolk Cross, does not answer the question; rather, the author has created a detai...

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People

GREG STAHLER

GREG STAHLER

Greg Stahler died unexpecdly in his home in Belmont on March 26, 2015. (He was born in Mountain View on June 23, 1972). He will really be missed by three beautiful young children, Haley 7, Hannah 5, and Tyler 3, and his wife Kathryn. He will also b...

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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

'Those Darn Squirrels' invading Mountain View

'Those Darn Squirrels' invading Mountain View


Courtesy of Lyn Flaim Healy/ Spotlight Moments Photography
Noelle Merino stars in Peninsula Youth Theatre’s “Those Darn Squirrels.”

The Peninsula Youth Theatre’s world premiere adaptation of “Those Darn Squirrels” is scheduled Friday and Saturda...

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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

Home for disabled youth yields greener pastures

Home for disabled youth yields greener pastures


Alicia Castro/Town Crier
Green Pastures staff member JP Mercada, below right, helps Tommy, who lives at the group home, sort through papers and organize his room.

Tucked in the corner of a quiet residential cul-de-sac in Mountain View, Green Pastur...

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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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