Mon10202014

News

Campaign finance reports show lots of loans, few outliers

Campaign finance reports show lots of loans, few outliers


Ellie Van Houtte/ Town Crier
Campaign yard signs are just one expenditure for candidates during election season.

Election finance filings are in, and Los Altos appears to be hosting a few financially lopsided races.

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Schools

Three Los Altos schools earn National Blue Ribbon designation

Three Los Altos schools earn National Blue Ribbon designation


Ellie Van Houtte/Town Crier
Bullis Charter School students wear their school spirit clothing to greet their mascot Oct. 3 in celebration of being named a National Blue Ribbon School.

Blach Intermediate, Egan Junior High and Bullis Charter schools ea...

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Community

Sports

Spartans run wild(cat) on Eagles

Spartans run wild(cat) on Eagles


Ellie Van Houtte/Town Crier
Mountain View High running back Austin Johnson goes for a big gain after evading Los Altos High defensive tackle Phil Alameda in Friday’s game. Johnson scored two touchdowns for the Spartans.

After unveiling its wildc...

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Comment

Logan, McClatchie, Peruri for LASD board: Editorial

This is a crucial time for the Los Altos School District. Its leadership faces the challenge of balancing enrollment growth versus maintaining the small, neighborhood schools that make it a very popular district to attend. The district must also adap...

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Special Sections

City's minimum-wage hike earns mixed reviews: Raise to $10.30 an hour meets with approval – and concern

City's minimum-wage hike earns mixed reviews: Raise to $10.30 an hour meets with approval – and concern


Ellie Van Houtte/Town Crier
Tandava Waldon, left, manager of East West Bookstore on Castro Street in Mountain View, works with a customer. Waldon said the recently approved minimum-wage hike will have little impact on his business. “It’s not such a...

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Business

Delay Social Security? An easy way to decide

One of the most heatedly debated questions regarding Social Security is when to start.

You have the option of initiating benefits as early as age 62 or as late as age 70. The longer you wait, the larger the monthly payment you will receive over your...

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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

SUZANNE MONICA DIMM SPECHT

SUZANNE MONICA DIMM SPECHT

Suzanne Monica Dimm Specht passed Tuesday, Sept. 9th at the age of 84. Sue was born on April 21, 1930 in Portland, Oregon. After graduating from the University of Oregon in with a degree in Music, Sue taught in a little town called Clatskanie, Oreg...

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Travel

Los Altos resident's visit to North Korea proves enlightening

Los Altos resident's visit to North Korea proves enlightening


Courtesy of Sally Brew
North Korea is home to many monuments honoring its “Dear Leaders,” left.

In August, I traveled for 11 days with MIR Corp. to North Korea, a fascinating country that is almost completely cut off from the rest of the world. ...

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Stepping Out

'Trovatore' takes the stage in Palo Alto

'Trovatore' takes the stage in Palo Alto


Courtesy of José Luis Moscovich
West Bay Opera’s production of “Il Trovatore” is slated to open Friday night in Palo Alto and run through Oct. 26.

West Bay Opera’s production of “Il Trovatore” (“The Troubadour”) is scheduled to open this weekend...

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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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Seeking answers, local investors remain uncertain whom to trust

Bearing canes and worn leather briefcases, local seniors were among those filing into a San Jose courtroom Friday to watch the Los Altos man they’d entrusted with their savings argue his innocence.

The Securities and Exchange Commission alleges that the investors are victims of a Ponzi-like scheme. But some don’t want to believe they’ve all been hoodwinked. If the government is right, they’ve lost their dream of 7.5 percent annual returns, and a good chunk of their initial investment.

Mark Feathers, founder of the Los Altos-based Small Business Capital Corp., continues to maintain that the investments were safe, performing and could still be salvaged.

Some of those who sank money into SB Capital were seasoned investors, but many were financially inexperienced local residents looking to invest relatively small nest eggs. They faced the question: Do you trust the funds manager who paid you steady returns throughout the recession, or the court-appointed receiver delivering bad news?

The confusion, anger and lingering hope aired outside the courtroom last week demonstrated intriguing loyalty to a man, Feathers, accused of dissipating others’ money while lining his own pockets.

Seeking answers

One couple attended the hearing wondering how to plan, on a fixed income, for frozen investment funds and uncertain losses. They had written the court saying that without access to the principal and interest of the $50,000 they invested with Feathers, they were relying on Social Security and “needed the funds badly” for basic living expenses. The husband, an 88-year-old Los Gatos resident, asked that the Town Crier not reveal his name, as did every investor interviewed. He said watching his remaining savings account tick down filled him with worry, and joked wistfully about finding a job.

The couple found Feathers’ company through an ad in the San Jose Mercury News. SB Capital, which had also advertised in the Los Altos Town Crier, teased an investment opportunity that was “easy to grasp” and “Wall Street-free.”

SB Capital staff included fixtures from the Los Altos banking scene with deep roots in the area. Feathers developed relationships through personal and sometimes fanciful events, including an annual investor dinner he and his wife once hosted in period costume.

“You invest with someone you like, after you meet them,” the wife of the Los Gatos investor told the Town Crier.

Striking courtroom scene

Clutching a worn, green paper folder thick with documents, Feathers sat alone at the front of the courtroom last week, flanked by six representatives of his opposition. As he delivered lengthy explanations of where he believed the SEC had gone wrong, some of his alleged victims laughed along with his jokes and flashed thumbs-up gestures of encouragement.

U.S. District Judge Edward J. Davila denied the majority of Feathers’ motions and took pains to explain to Feathers and onlookers in the courtroom why he was ruling as he did.

The hearing addressed Feathers’ efforts to dismiss the case, discredit the SEC and gain access to $30,000 for six months of living expenses from his frozen assets. He was granted the money but otherwise didn’t prevail.

Feathers referenced letters of support sent to the judge. Davila explained that he couldn’t read any of the approximately 75 letters received regarding the case because they would constitute ex parte communication. Judges are expected to refrain from interacting with third parties in a case, which means investors don’t have much say in the proceedings.

Feathers has written prolifically to investors since the SEC seized his company in June 2012, making dramatic arguments about the SEC’s alleged overstepping, misleading and persecutory actions.

Over the weekend, he wrote another missive sprinkled with dire analysis of the SEC’s intervention and excerpts from court documents, claiming that “YOU ARE NOW AN UNWILLING PARTICIPANT IN A FULL-ON GOVERNMENT SCANDAL” and urged investors to write to local elected officials. Feathers, who describes himself as waging a “David and Goliath” battle for his innocence, wrote to investors that “If SEC wins, you lose.”

The SEC shuttered Los Altos-based SB Capital ostensibly to protect two groups of people: those who had already invested, whose money was allegedly being fraudulently depleted; and those who were considering an investment but had not yet committed their money.

The court receiver managing the seized funds claims that of the $46 million invested, approximately $12 million was “dissipated” through Ponzi-like activities.

The phrase “Ponzi-like” refers to the practice of taking more and more investor money to pay false “returns” to existing investors. In the case of Charles Ponzi, whose scheme first inspired the moniker, no legitimate business underlay the transfers of money.

Use of the phrase caused audible reactions of distress and disgust from some onlookers in the courtroom last week. Some of Feathers’ investors continue to question how a company could be labeled “Ponzi-like” when it maintained a portfolio of more than 60 performing investments. Some wondered if the SEC fully understood the specialty investments SB Capital made in partnership with the Small Business Administration.

The court receiver’s reports provide financial analyses that purport to assess those operations fairly. The SEC maintains that although SB Capital did carry out its stated business purpose – issuing loans using investor money – Feathers’ business spent more money than it generated, meaning that over time investor money was lost.

Stuck between a rock and a hard place

When the hearing recessed, a crowd of investors gathered in the hallway outside Davila’s courtroom, peppering the SEC’s lead prosecutor, John Bulgozdy, with questions that ranged from plaintive to indignant.

Investors already locked into SB Capital stand to lose no matter how the court rules. If Feathers committed the alleged fraud, their money has been at least partially lost. But even if he is innocent, the receiver dismantling the company has still only salvaged a fraction of the money invested, and has drastically changed the way the business operates.

The millions of dollars that remain locked in SB Capital-related accounts may start to change hands by late summer. Investors and creditors must submit claims to the receiver by May 10.

How much of the $42 million in investments may ultimately survive remains unknown, but based on the preliminary forensic accounting, investors like the Los Gatos couple may expect to recover 50 to 75 percent of their money.

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