Sat10252014

News

Election flyer mimics newspaper coverage

Election flyer mimics newspaper coverage

A flyer is being distributed across Los Altos that looks like it is from the Los Altos Town Crier but was neither created nor distributed by the community’s weekly newspaper. The flyer, pictured at right, is being distributed by workers from Pyrami...

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Schools

LAHS Science and Technology Week features medical examiner

LAHS Science and Technology Week features medical examiner


Ellie Van Houtte/Town Crier
A Los Altos High School student learns how to use robotic surgical equipment at the school’s Science and Technology Week event last year. Students can also attend hands-on presentations at this year’s event, w...

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Community

Ahoy, matey: Pirate Manor ramps up Halloween display

Ahoy, matey: Pirate Manor ramps up Halloween display


Town Crier File Photo
Pirate Manor is once again scheduled to arrive in the front yard of Dane and Jill Glasgow’s home on Manor Way in Los Altos, just in time for Halloween.

Although not the Walking Dead, pirate skeletons have been brought to li...

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Sports

Lancers rule the pool against Spartans

Lancers rule the pool against Spartans


Ellie Van Houtte/Town Crier
St. Francis High’s Eric Reitmeir launches the ball over Mountain View High driver David Niehaus (2) and goalie Kenny Tang. The host Lancers won Friday’s non-league game 9-3.

There wasn’t a lot on the line Friday when ...

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Comment

Reeder, Fung for El Camino HCD: Editorial

The good news for the El Camino Healthcare District (formerly the El Camino Hospital District, for those still getting used to the new name) is that there is a contested election Nov. 4 for the district’s board of directors. Three candidates are runn...

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Special Sections

Plant-based diet offers benefits

Plant-based diet offers benefits


Photo by Ramya Krishna
Los Altos resident Nandini Krishna prepares a meat-free dish According to author Caldwell B. Esselstyn Jr., M.D., a plant-based diet can help prevent cancer.

Shirley Okita of Los Altos has found that adhering to a mostly plant...

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Business

New shop offers haute couture for girls

New shop offers haute couture for girls


Ellie Van Houtte/Town Crier
The Girls @ Los Altos at 239 State St. offers clothing lines such as Nellystella as well as toys and other items for girls.

Cecilia Chen opened The Girls @ Los Altos as a tribute to the party dress. Whether it’s for...

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Books

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book


Ellie Van Houtte/Town Crier
Mimi Sommers, who works at a Los Altos dentist’s office, recently wrote a children’s book.

A local dental hygienist recently published a book that aims to ease parents and children during a sometimes anxious e...

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People

BARBARA DARLING MERIDETH

1946-2014

Born in Palo Alto, raised in Los Altos, retired in southern Oregon. Survived by Peter James Merideth, sons Matthew, Jacob and John Merideth, the loves of her life.

She was a housewife who took great pride in her home, her surroundings and...

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Travel

Falling leaves: Four places in California to see autumn colors

Falling leaves: Four places in California to see autumn colors


Courtesy of Castello di Amorosa
Castello di Amorosa in Calistoga, above, boasts a beautiful setting for viewing fall’s colors – and sampling the vineyard’s wines.

Yes, Virginia, there is fall in California.

The colors pop out in...

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Stepping Out

'Sleepy Hollow' awakens at Bus Barn

'Sleepy Hollow' awakens at Bus Barn



Los Altos Youth Theatre’s production of “The Legend of Sleepy Hollow,” a musical based on Washington Irving’s classic story, is set to run through Nov. 2 at Bus Barn Theater. The cast comprises 27 young actors, directed by Cindy Powell. Courtesy o...

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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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