Wed05272015

News

LASD opens registration for online strategy sessions

As the Los Altos School District plans how to spend its $150 million in Measure N bond funds, its initial goal is to broaden community input.

Following an April 22 meeting, the district is casting a wider net in the hopes of soliciting feedback from...

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Schools

Students discuss academic, social pressure in CHAC forum

Students discuss academic, social pressure in CHAC forum


Traci Newell/Town Crier
Community Health Awareness Council hosted a forum earlier this month where local students discussed the varied pressures they face.

Local students face enormous pressures in their lives, ranging from academic to social, but s...

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Community

Alan Alda discusses career, family and science at the Celebrity Forum

Alan Alda discusses career, family and science at the Celebrity Forum


Alda

Those who laughed along with Hawkeye Pierce on the long-running TV program “M*A*S*H*” would have enjoyed the recent Foothill College Celebrity Forum Speakers Series featuring actor Alan Alda.

Alda appeared May 13-15 at the Flint Center for...

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Sports

Eagles, Spartans advance

Eagles, Spartans advance


Town Crier file photo
Los Altos High’s Lizzy Beutter registered three hits in last week’s playoff win over Watsonville. She was also the winning pitcher.

Led by Lizzy Beutter, host Los Altos High whipped Watsonville 9-0 in the opening ro...

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Comment

Giving the thumb to what's done: Editorial

In the wake of recent Los Altos-area news events, we’re all thumbs.

Thumbs-down: To the Los Altos City Council’s decision to put the Walter Singer bust in storage. This is wrong on so many levels – even worse than the initial council decision to tra...

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Special Sections

Planting is possible despite drought

Planting is possible despite drought


Tanya Kucak/Special to the Town Crier
Wash the soilless mix off the root ball into the same container in which you have placed the clay soil from the planting hole. Remove at least an inch from the top and sides of the plant.

In this continuing dro...

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Business

Los Altos-based startup eyes digital makeup color-matching

Los Altos-based startup eyes digital makeup color-matching


Alicia Castro/Town Crier
Kokko Inc. Makeup Director Meli Pennington, standing, tests different shades of foundation on Los Altos resident Karen Melchior.

Meli Pennington knows cosmetics.

She has painted faces for the pages of Vogue and Glamour,...

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Books

Horan's 'Loving Frank' offers fictionalized account of famed architect's illicit affair

Horan's 'Loving Frank' offers fictionalized account of famed architect's illicit affair


In the 1920s, two married people fall in love, leave their spouses and children and set about living and traveling together. Affairs of this sort were considered shocking at the time. But the scandal was heightened given that the man was Frank Lloy...

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People

GUY WILSON SHOUP

Guy Wilson Shoup, 80, died on April 28, 2015, at his Palo Alto apartment, after a long period of ill health. Born on November 22, 1934, to Margaret Owen Shoup and to Jack Wilson Shoup (the second son of Paul Shoup, widely considered the founder of Lo...

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Travel

Flying south for the winter: Antarctica trips are not just for the birds

Flying south for the winter: Antarctica trips are not just for the birds


Photos Courtesy of Dave Hadden
Los Altos residents Dave and Joan Hadden watched the scenery from the large boat and a smaller Zodiac.

Standing on the beach with hundreds of thousands of penguins is “the experience of a lifetime,” according to Ga...

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Stepping Out

LA Stage Co. goes to 'town'

LA Stage Co. goes to 'town'


courtesy of Los Altos Stage Company
The Los Altos Stage Company production of “Urinetown: The Musical” opens this weekend.

The Los Altos Stage Company caps its 19th season with the musical comedy “Urinetown: The Musical,” scheduled to preview Th...

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Spiritual Life

Mercifully in His grip: Exploring our true position in Christ

I recently read a wonderful analogy about our true position in Christ. It was shockingly contrary to the messages impressed upon me in church, but deeply rooted in the Bible. The analogy is that of child and a parent. If you have ever taken a small ...

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Magazine

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon

Practice prudent pruning: Maintaining manzanita, ceanothus and toyon


tanya kucak/Special to the Town Crier
Shrub manzanitas are known for their sinuous mahogany trunks and branches. If the foliage hides the bark, prune selectively to open the center so that the bark is visible year-round. This Montara manzanita is ...

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Inside Mountain View

Seeking answers, local investors remain uncertain whom to trust (2)


Photo By: Town Crier File Photo
Photo Town Crier File Photo SB Capital advertised an “easy to grasp,” “Wall Street-free” opportunity in the Town Crier.

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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