Tue09302014

News

Meet the Santa Clara Valley Water District Board of Directors candidates

Meet the Santa Clara Valley Water District Board of Directors candidates

Two candidates have filed to run for the District 7 seat on the Santa Clara Valley Water District Board of Directors in the Nov. 4 election. The water district, established in 1929, oversees and protects water resources in Santa Clara County....

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Schools

New LAHS assistant principal focuses on school activities

New LAHS assistant principal focuses on school activities


Ellie Van Houtte/Town Crier
Suzanne Woolfolk, assistant principal at Los Altos High, teaches a leadership course for Associated Student Body leaders.

Suzanne Woolfolk – new assistant principal at Los Altos High School – said she is happy...

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Community

Petting zoo, car show highlight Chamber's annual Fall Festival

Petting zoo, car show highlight Chamber's annual Fall Festival


Courtesy of Los Altos Chamber of Commerce
The petting zoo is a highlight of the Los Altos Fall Festival. This year’s event is slated Oct. 4 and 5.

The Los Altos Chamber of Commerce has scheduled its 23rd annual Fall Festival 10 a.m. to 5 p.m. Oc...

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Sports

Burlingame bowls over Los Altos

Burlingame bowls over Los Altos


Ellie Van Houtte/Town Crier
Los Altos High halfback Sean Lanoza looks for running room against Burlingame in Saturday’s home opener.

The opening drive of Saturday’s game against Burlingame couldn’t have gone much better for the Los Altos High fo...

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Comment

Does Los Altos have a parking problem, or is it a symptom? : Other Voices

Yes, and yes. It appears that the downtown Los Altos parking problem is a symptom of the city’s “Sarah Winchester” approach to planning that instead of resulting in staircases to nowhere resulted in a hotel without parking required by code.(1)

From ...

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Special Sections

Los Altos landmark Four families later, Shoup House goes on the market

Los Altos landmark Four families later, Shoup House goes on the market


Courtesy of Matthew Anello
The Shoup House dining room, above, features original elements. The 100-year-old house on University Avenue earned a spot on the National Register of Historic Places, a nod to its legacy as the home of city founder Paul S...

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Business

Longtime banker readies for retirement

Longtime banker readies for retirement


Ellie Van Houtte/Town Crier
Joanne Kavalaris is retiring at the end of October after spending the past 25 years of her banking career in downtown Los Altos.

A longtime Los Altos banker is calling it a career in a few weeks.

Joanne Kavalaris, Bank o...

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Books

A woman's perspective on the Greatest Generation

A woman's perspective on the Greatest Generation


During World War II, Virgilia Short Witzel, a young mother and U.S. Navy officer’s wife, grappled on the home front in Menlo Park with wartime rationing, shortages and loneliness. During the ensuing Cold War, she experienced adventure and misadventur...

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People

VINCENT (TIM) MURPHY JR.

VINCENT (TIM) MURPHY JR.

July 27, 1953 – August 12, 2014

Native Los Altan died Medford, OR. Graduated Bellarmine Prep. Married Josephine Domino, 1950. Licensed Auto Mechanic, Private Pilot, skilled Computer Scientist. Tim “could fix anything”. Afflicted with cancer 2001. ...

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Travel

Taking a Turkey trek: Winging it during the World Cup

Taking a Turkey trek: Winging it during the World Cup


Rich Robertson/Special to the Town Crier
The sun sets over the Aegean Sea in Bodrum, Turkey, left.

Tours that whisk you from Istanbul to Bodrum in 11 days are as plentiful as souvenir hawkers in Turkey, but traveling from the Blue Mosque to Topkapi ...

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Stepping Out

Pear builds wonderful 'House'

Pear builds wonderful 'House'


J. Smith/Special to the Town Crier
Betsy Kruse Craig portrays Trish in the Pear Avenue Theatre production of “House,” which closes Oct. 5.

Mountain View’s Pear Avenue Theatre is staging an unusual theater-going experience – producing two plays...

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Spiritual Life

Magazine

Local events add color to autumn calendar

Local events add color to autumn calendar


Van Houtte/town crier Visitors make their way through the Children’s Alley.

As Los Altos’ signature Chinese Pistache trees exchange their summer green for vibrant hues of yellow, orange and red in the fall, an abundance of local events also ad...

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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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