Thu05282015

News

MV vehicle collision leaves one dead

A traffic accident Thursday morning (May 28) on Moffett Boulevard, near the Highway 85 overpass in Mountain View, has left one person dead.

The victim is a 25-year-old Gilroy resident, according to the Mountain View Police Department, which has not ...

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Schools

Students discuss academic, social pressure in CHAC forum

Students discuss academic, social pressure in CHAC forum


Traci Newell/Town Crier
Community Health Awareness Council hosted a forum earlier this month where local students discussed the varied pressures they face.

Local students face enormous pressures in their lives, ranging from academic to social, but s...

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Community

Alan Alda discusses career, family and science at the Celebrity Forum

Alan Alda discusses career, family and science at the Celebrity Forum


Alda

Those who laughed along with Hawkeye Pierce on the long-running TV program “M*A*S*H*” would have enjoyed the recent Foothill College Celebrity Forum Speakers Series featuring actor Alan Alda.

Alda appeared May 13-15 at the Flint Center for...

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Sports

Eagles, Spartans advance

Eagles, Spartans advance


Town Crier file photo
Los Altos High’s Lizzy Beutter registered three hits in last week’s playoff win over Watsonville. She was also the winning pitcher.

Led by Lizzy Beutter, host Los Altos High whipped Watsonville 9-0 in the opening ro...

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Comment

Giving the thumb to what's done: Editorial

In the wake of recent Los Altos-area news events, we’re all thumbs.

Thumbs-down: To the Los Altos City Council’s decision to put the Walter Singer bust in storage. This is wrong on so many levels – even worse than the initial council decision to tra...

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Special Sections

Planting is possible despite drought

Planting is possible despite drought


Tanya Kucak/Special to the Town Crier
Wash the soilless mix off the root ball into the same container in which you have placed the clay soil from the planting hole. Remove at least an inch from the top and sides of the plant.

In this continuin...

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Business

Los Altos-based startup eyes digital makeup color-matching

Los Altos-based startup eyes digital makeup color-matching


Alicia Castro/Town Crier
Kokko Inc. Makeup Director Meli Pennington, standing, tests different shades of foundation on Los Altos resident Karen Melchior.

Meli Pennington knows cosmetics.

She has painted faces for the pages of Vogue and Glamour,...

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Books

Horan's 'Loving Frank' offers fictionalized account of famed architect's illicit affair

Horan's 'Loving Frank' offers fictionalized account of famed architect's illicit affair


In the 1920s, two married people fall in love, leave their spouses and children and set about living and traveling together. Affairs of this sort were considered shocking at the time. But the scandal was heightened given that the man was Frank Lloy...

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People

GUY WILSON SHOUP

Guy Wilson Shoup, 80, died on April 28, 2015, at his Palo Alto apartment, after a long period of ill health. Born on November 22, 1934, to Margaret Owen Shoup and to Jack Wilson Shoup (the second son of Paul Shoup, widely considered the founder of Lo...

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Travel

Flying south for the winter: Antarctica trips are not just for the birds

Flying south for the winter: Antarctica trips are not just for the birds


Photos Courtesy of Dave Hadden
Los Altos residents Dave and Joan Hadden watched the scenery from the large boat and a smaller Zodiac.

Standing on the beach with hundreds of thousands of penguins is “the experience of a lifetime,” according to Ga...

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Stepping Out

LA Stage Co. goes to 'town'

LA Stage Co. goes to 'town'


courtesy of Los Altos Stage Company
The Los Altos Stage Company production of “Urinetown: The Musical” opens this weekend.

The Los Altos Stage Company caps its 19th season with the musical comedy “Urinetown: The Musical,” scheduled to preview Th...

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Spiritual Life

Mercifully in His grip: Exploring our true position in Christ

I recently read a wonderful analogy about our true position in Christ. It was shockingly contrary to the messages impressed upon me in church, but deeply rooted in the Bible. The analogy is that of child and a parent. If you have ever taken a small ...

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Magazine

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon


tanya kucak/Special to the Town Crier
Shrub manzanitas are known for their sinuous mahogany trunks and branches. If the foliage hides the bark, prune selectively to open the center so that the bark is visible year-round. This Montara manzanita is ...

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Inside Mountain View

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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