Wed05062015

News

Suspected Los Altos ID thief served arrest warrant

Evelyn Hernandez

A San Jose woman suspected of stealing the identity of a Los Altos resident was found already behind bars, according to Los Altos Police Sgt. Mark Bautista.

Bautista reported May 6 that Evelyn Hernandez, 44, was recently served...

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Schools

Mental health expert dispels myths

Mental health expert dispels myths


Megan V. Winslow/Town Crier
Palo Alto University Professor Paul Marcille addresses a crowd of psychology students and mental health activists last week about myths surrounding mental illness and violence.

In the wake of the 2011 Sandy Hook Elementa...

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Community

Q&A: Meet the city's new public works and administrative services directors

The city of Los Altos has hired three new department directors in the past ten months. The Town Crier recently profiled new Recreation Director Manny Hernandez. This week, the Town Crier profiles Susana Chan, new public works director, and Kim Juran-...

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Comment

Familiar icon pops up in Los Altos: A Piece of My Mind

I was walking to my car parked on State Street when my eye fell on an old familiar acquaintance from my early childhood, totally unexpected to meet in Los Altos. It was the “Steinway” logo over the door of the new Steinway Piano Gallery,...

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Special Sections

New Los Altos shop brews milk tea for gourmands

New Los Altos shop brews milk tea for gourmands


Eliza Ridgeway/Town Crier
Teaspoon, the milk tea shop at Village Court in Los Altos, above, serves a range of bubble teas and snow ice drinks, right.

Los Altos made it onto the milk tea map this spring with the opening of Teaspoon, a new bubble tea ...

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Business

Ed center scores spot in Foothills Crossing

Ed center scores spot in Foothills Crossing


Alicia Castro/ Town Crier
C2 Los Altos tutor Max Shih, left, instructs Homestead High School student Rajesh Suresh.

Los Altos families have a new resource for helping their children ace the test.

C2 Los Altos – a recently opened education cente...

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Books

People

DOROTHY RUTH MATHIS PUDER

DOROTHY RUTH MATHIS PUDER

9/17/1918-4/15/2015

Dorothy Puder died on April 15th in Sunnyvale, California. She will be remembered for her gentle, loving, positive and caring ways and will be greatly missed by family and friends.

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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

 PYT's comedic musical opens this weekend in Mtn. View

PYT's comedic musical opens this weekend in Mtn. View


Lyn Flaim/Spotlight Moments Photography
The cast of Peninsula Youth Theatre’s “Once Upon a Mattress” includes, from left, Sophia Graziani (of Los Altos) as Winnifred, Chris Gough (Sunnyvale) as the Prince and Reilly Arena (Palo Alto) as the Queen. ...

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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

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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