Fri02272015

News

North Bayshore proposals due today

The City of Mountain View is receiving North Bayshore development proposals today. Applications may be made until the deadline at 5 p.m.

All submissions will be available for viewing March 2 at the Community Development Department counter in City Ha...

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Schools

Former NFL player huddles with Blach students about life choices

Former NFL player huddles with Blach students about life choices


Ellie Van HOutte/Town Crier
Former NFL tight end Eason Ramson visited with Blach Intermediate School students, Feb. 13 to share the perils of drug use. Now a motivational speaker, Ramson works with at-risk teens in San Francisco.

Although former ...

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Community

Chi Am Circle, Chef Chu's prove 'golden': Club sets fundraising goal of $200K for March fashion show

Chi Am Circle, Chef Chu's prove 'golden': Club sets fundraising goal of $200K for March fashion show


Courtesy of Bev Harada
Chi Am Circle members, from left, Gerrye Wong, Sylvia Eng, Pearl Lee and Muriel Kao flank Larry Chu Sr. at the Jan. 31 event honoring the club’s 50th and Chef Chu’s 45th anniversaries.

Chef Chu’s restaurant in Los Altos ho...

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Comment

Freedom's just another word: No Shoes, Please

It used to be that the word “freedom” held exclusively positive connotations for me, but now it’s really become a mixed bag. It all started in 2001 when President George W. Bush asked the question he felt was on the minds of most Americans regarding ...

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Special Sections

Filoli in bloom: Historic estate hosts  classes, events and tours

Filoli in bloom: Historic estate hosts classes, events and tours


Ellie Van Houtte/Town Crier
Scenes from Filoli: The historic estate in Woodside is a welcoming sanctuary for visitors. The grounds offer a rotating display of seasonal flowers, a tranquil reflecting pool and paths that wend through the 16-acre Engl...

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Business

Stock volatility still confusing

The market opened down more than 100 points Friday but by noon rose more than 130, the form of volatility that quickly draws investors’ attention. By week’s end, the Standard & Poor’s 500 index and the Dow Jones industrial aver...

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Books

French novel

French novel "Hunting and Gathering" offers character-driven suspense


Anna Gavalda is a well-known author in her native France, where she has published six books, most of which have met with considerable praise and commercial success. Her fourth novel, “Hunting and Gathering” (Riverhead Books, 2007), is filled ...

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People

CHRIS A. KENISON

CHRIS A. KENISON

Feb 13, 1945-Feb 6, 2015

Resident of Los Altos

Chris was born in Georgia and moved to Oklahoma as a young child. He grew up there and moved to California in 1965. He developed a strong work ethic from his grandparents and parents. He attended the...

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Travel

Seoul of the city: Korean capital offers mix of old and new

Seoul of the city: Korean capital offers mix of old and new


Ramya Krishna/Special to the Town Crier
Seoul’s Cheonggyecheon public recreation space, above, features an elevated pedestrian bridge.

Seoul, South Korea, is a study in contrasts. Having grown quickly, the city is a mix of old and new.

Using...

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Stepping Out

'Park' in the hills

'Park' in the hills


courtesy of Foothill Music Theatre
Dot (Katie Nix) imagines her dream job as a follies dancer in the Foothill Music Theatre production of “Sunday in the Park with George.” The play runs through March 8.

Foothill Music Theatre’s production of “Su...

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Spiritual Life

Is your thought life sabotaging your spiritual journey?

My computer started having problems – there seemed to be some sort of malware running in the background. At first it was just annoying, then it began to slow down my computer, interfering with its basic operations. What is it doing? Why can...

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Magazine

Local events serve up family fun

Local events serve up family fun


Courtesy of Peninsula Youth Theatre
Peninsula Youth Theatre’s production of “Pecos Bill: A Tall Tale” is slated to open March 20 in Mountain View.

For families seeking a break from the daily routine, events abound this month and next in Los Alto...

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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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