Sat09052015

News

West Nile fogging commences Sept. 2

West Nile fogging commences Sept. 2


Courtesy of the Santa Clara County Vector Control District
Fogging commences Wednesday within the highlighted area.

The detection of West Nile Virus-infected mosquitos means that Santa Clara County officials will begin mosquito fogging operations...

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Schools

LASD trustees reopen negotiations with Los Altos Teachers Association

The Los Altos School District Board of Trustees last week directed staff to reopen negotiations with the Los Altos Teachers Association, a move intended to shore up the district’s financial picture.

According to the district’s current co...

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Community

LA teenager crowned Miss Golden State, advances to national pageant in Florida

LA teenager crowned Miss Golden State, advances to national pageant in Florida


Alicia Castro/Town Crier
Alexandra McCarthy, crowned Miss Golden State Teen in July, earned “Ms. Personality” honors from her peers.

Alexandra McCarthy has a ways to go before reaching her coveted role as a U.S. Supreme Court justice. Bu...

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Sports

After rough year, Eagles aim to soar once more

After rough year, Eagles aim to soar once more


Megan V. Winslow/Town Crier
Los Altos High senior running back Patrick Vargas snares a pass in practice last week.

Don’t dismiss the Eagles. Coach Trevor Pruitt is adamant that his Los Altos High football team will be better than expected.

&#...

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Comment

Car spotting 2015: A Piece of My Mind

When I was a kid, September was exciting, almost like Christmas, because that was when the Big Three automakers would reveal the new models for the upcoming year.

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Special Sections

Loving on the Edge

Loving on the Edge


Courtesy of Ford
The Ford Edge has been redesigned for 2015. Ford lengthened the wheel base and added cargo space, among other things. The Titanium model sells for approximately $42,000.

Once in a while, a vehicle we test-drive is just right for our...

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Business

Wine bar aims for October opening

Wine bar aims for October opening


Rendering courtesy of Honcho
Honcho, the wine and beer lounge on First Street, expects an October launch. A rendering of the space reveals the interior layout, which includes bar and lounge-style seating.

A downtown libations lounge that anticip...

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People

LOIS CAROLINE WALLES

LOIS CAROLINE WALLES

November, 1928

Lois lost a long and courageous battle with a prolonged illness on July 14th, 2015. She passed away knowing how well she was loved. She was always the life of the party and loved bringing everyone to her home for dinner or an event,...

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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

'Dead Man' comes alive at Bus Barn

'Dead Man' comes alive at Bus Barn


Richard Mayer/Special to the Town Crier
The cast of Los Altos Stage Company’s “Dead Man’s Cell Phone” includes, from left, Marjorie Hazeltine (as Hermia), Kristin Walter (Jean) and Adrienne Walters (Carlotta).

Los Altos Stage Company opens its ...

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Spiritual Life

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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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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