Tue09012015

News

Enchanté plaza remains open to the public

Enchanté plaza remains open to the public

Alicia Castro/Town Crier
The plaza area at Enchanté Boutique Hotel now serves drinks and small plates.

The Los Altos City Council Aug. 25 voted unanimously in favor of Enchanté Boutique Hotel serving beverages and small plates to the public on t...

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Schools

Mountain View High launches Bring Your Own Device program

Mountain View High launches Bring Your Own Device program


Megan V. Winslow/Town Crier
Mountain View High School staff distribute Chromebooks to students last week. The school is rolling out the Bring Your Own Device program this year, which gives students and teachers around-the-clock access to laptops.

Mo...

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Community

'Rock Back the Clock': End of an era, beginning of new one

'Rock Back the Clock': End of an era, beginning of new one


Town Crier File Photo
Time has run out for “Rock Back the Clock,” the 1950s-themed dance party at Rancho Shopping Center.

After 25 successful years, the “Rock Back the Clock” Committee has decided to end the annual 1950s-themed event held at R...

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Sports

Dean of the badminton court

Dean of the badminton court


Courtesy of the Tan family
Los Altos resident Dean Tan and mixed- doubles partner Jenny Gai stand on the podium shortly after winning the gold at the 2015 Pan Am Junior Badminton Championships earlier this month in Tijuana, Mexico.

Dean Tan began pl...

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Comment

Warning: Useless flood basin ahead

Our water and fire agencies receive much attention (and scrutiny) during the hot, dry days of summer – water for the lack of it and fire for its widespread destruction. During this extreme drought year, we are deluged with water conservation ma...

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Special Sections

A tale of two Los Altos love stories: Country club classic


Photos Courtesy of Kelly Boitano Photography
Lindsey Murray and Christof Wessbecher tie the knot in Los Altos.

Lindsey Murray and Christof Wessbecher grew up in parallel Los Altos orbits, never meeting – he went to St. Francis High School, sh...

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Business

Five thoughts on the current market correction

The 531-point drop in the Dow Jones industrial average Friday (Aug. 21) was certainly headline grabbing in its magnitude. It represented a one-day 3.1 percent drop in the index and resulted in a 10 percent correction from its high in May.

It’s compl...

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People

BRUCE CHARLES MEYER

BRUCE CHARLES MEYER

Bruce Charles Meyer, 81, died Wednesday, August 5th at his home in Carmel, California. He leaves his wife Valda Cotsworth and her daughter Katie Roos; his sons, Bruce and Joseph Meyer from his first marriage and his brother Gordon Meyer; four grand...

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Travel

Carmel Valley Ranch unveils upgrades

Carmel Valley Ranch unveils upgrades


Courtesy of Carmel Valley Ranch
Carmel Valley Ranch recently upgraded its Vineyard Oak suites, which feature sweeping views, rocking chairs and private outdoor tubs for soaking under the stars.

Things are heating up at Carmel Valley Ranch, with 30 n...

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Stepping Out

Open 'House'

Open 'House'


Kevin Berne/Special to the Town Crier
Anna Patterson (played by Kimberly King) accepts a drink from Michael Astor (Jason Kuykendall) in “The Country House.”

TheaterWorks Silicon Valley’s regional premiere of “The Country House” is scheduled to r...

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Spiritual Life

Los Altos native combines Judaism, social justice, advocacy

Los Altos native combines Judaism, social justice, advocacy


Los Altos native Gabriel Lehrman’s passion for Judaism, social justice and advocacy brought him to Washington, D.C., this summer for the Machon Kaplan Summer Social Action Internship program at the Religious Action Center of Reform Judaism.

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Inside Mountain View

MV actress/playwright Garvin wins NY festival award for

MV actress/playwright Garvin wins NY festival award for "Corners Grove"


Courtesy of Undiscovered Countries
Kaela Mei-Shing Garvin received a New York arts festival award for a featured role in “Corners Grove,” a play she wrote.

New York recognized that one of Mountain View’s own can “make it there” when the Planet C...

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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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