Fri01302015

News

Foothill to offer four-year degree: Foothill aims to launch dental hygiene degree in fall 2016

Foothill to offer four-year degree: Foothill aims to launch dental hygiene degree in fall 2016


Ellie Van Houtte/Town Crier
Students enrolled in Foothill College’s two-year dental hygiene program, above, can soon earn a four-year bachelor’s degree for approximately $10,000.

Foothill-De Anza Community College District Chancellor Linda M. Th...

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Schools

Freestyle hosts exhibition at Computer Science Museum

Freestyle hosts exhibition at Computer Science Museum


Traci Newell/Town Crier
Mountain View High junior and Freestyle Academy student Radika Gupta, right, works with a fellow student during a WebAudio course this month.

For three periods a day, a small subset of students from Los Altos and Mountain Vi...

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Community

Museum explores Stanford, Valley connection

Museum explores Stanford, Valley connection


Courtesy of Julie Rose
The Los Altos History Museum’s “Symbiotic Superstars” event drew a crowd including, from left, “The Lure & the Legends” creator Nan Geschke, Stanford President John L. Hennessy, historian Leslie Berlin and Adobe Systems c...

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Comment

Good compromise on PE exemptions: Editorial

While “Deflategate” captures the national sports headlines, the local issue of physical education class exemptions for freshmen seems a much worthier sports topic for discussion.

The Mountain View Los Altos Union High School District Board of Truste...

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Special Sections

Your Home Brief

Filoli hosts bird exhibition

Filoli kicks off the 2015 season of art exhibitions in its Visitor and Education Center with “The Birds of America: Audubon Collection,” a selection of prints from Filoli’s Permanent Collection, Feb. 10...

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Business

Wine & beer lounge coming to First Street

Wine & beer lounge coming to First Street


Ellie Van Houtte/Town Crier
The new wine and beer lounge Honcho heads to First Street, with a spring opening anticipated.

A cocktail lounge proposed for First Street has cleared its first hurdle – the Los Altos Planning and Transportation Comm...

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Books

"Fearless Genius" photos chart Silicon Valleys brain trust


Not every book needs pages and pages of words to tell a story – some do it through pictures.

“Fearless Genius: The Digital Revolution in Silicon Valley, 1985-2000” (Atria Books, 2014) by Doug Menuez features more than 100 photographs Menuez to...

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People

RUBY DOSHIM LAI

Ruby Doshim Lai was born on July 26, 1929 and passed away at home on January 10, 2015. A resident of Los Altos for over 50 years, Ruby is survived by her husband Bill; children Gwen, Tracy and Allyn; and grandchildren Kiyoshi and Misa.

Born on Mott ...

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Travel

Cuban photographer slated to appear at Foothill

Cuban photographer slated to appear at Foothill


Courtesy of Raúl Cañibano
Cuban photographer Raúl Cañibano is set to appear at Foothill College tonight. His work – including the image “Series: Guajira’s Land, Viñales, 2007,” right – is on display at the KCI Gallery t...

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Stepping Out

'Betrayal' at Pear

'Betrayal' at Pear


Ray Renati/Special to the Town Crier
The cast of Pear Avenue Theatre’s “Betrayal” includes Maryssa Wanlass, from left, Fred Pitts and William J. Brown III.

The Pear Avenue Theatre presents Harold Pinter’s investigation of modern relationships, “...

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Magazine

Tracing history on foot: Hidden Villa’s long hike

Tracing history on foot: Hidden Villa’s long hike


Campers on Hidden Villa’s Sierra Backpacking Trip study historical photos to measure how the land has changed and alternate serving as student leaders who guide the route of their three-week trek.

Amid the high-tech camps and programs of a Bay Area ...

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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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