Mon05042015

News

Water district reps address LAH concerns over project taxation

Water district reps address LAH concerns over project taxation

 Gary Kremen

Los Altos Hills residents, city councilmembers and even the Santa Clara Valley Water District Board chairman have protested taxes for water the district doesn't deliver.

"We're getting taxed for something we're not receiving, ...

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Schools

Homestead students use projects  to solve environmental problems

Homestead students use projects to solve environmental problems


Alisha Parikh/Special to the Town Crier
Homestead High School junior Maya Dhar, a Los Altos resident, left, and classmate Carolyn MacDonald support the school’s AP Environmental Science classes at the Arbor Day Festival April 23.

As summer appro...

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Community

Slideshow: Los Altos Live!

More than 20 acts performed to a soldout crowd Saturday at Los Altos High School's Eagle Theater for the seventh annual "Los Altos Live!" talent show. The show featured an eclectic range of acts, including rock bands, singers, dancers and the Broad...

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Sports

St. Francis swimmers shine

St. Francis swimmers shine


Megan V. Winslow/Town Crier
St. Francis High’s Benjamin Ho competes against Sacred Heart Cathedral Thursday. The junior swam on all three victorious relays at the home meet, which the Lancers won easily.

Flexing its power in the pool, host St....

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Comment

Halsey House deserves preservation: Other Voices

Halsey House deserves preservation: Other Voices


Many contributing supporters to the Friends of Historic Redwood Grove believe that the Halsey House, designated a historic landmark by the Los Altos City Council in 1981, deserves to be saved and renovated for adapted use by the community.

Set in ...

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Special Sections

Sneaky shots: A photographers guide to capturing the proposal

Sneaky shots: A photographers guide to capturing the proposal


Elliott Burr/Special to the Town Crier
A stealthy photographer scouts locations ahead of time to find not just a place to perch, but also the ideal position for the subjects.

It’s showtime.

You’re about to ask the person in front of you to spen...

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Business

Pharmaca celebrates grand opening over weekend

Pharmaca celebrates grand opening over weekend


Megan V. Winslow/Town Crier
Pharmaca is coming to 400 Main St. with a grand-opening celebration scheduled Saturday and Sunday.

If natural health and beauty products are your cup of tea, expect to find them – and hot tea – this weekend at the gran...

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Books

People

JANE BUTTERFIELD PRINGLE LYND

JANE BUTTERFIELD PRINGLE LYND

October 30, 1924 - April 8, 2015

Jane Butterfield Pringle Lynd, daughter to Liebert and Elise Butterfield of San Francisco, passed away quietly at her home in Palo Alto surrounded by her family, following a short illness. Jane was a proud third ge...

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Travel

Cuba libre: Local residents join mad rush of travelers

Cuba libre: Local residents join mad rush of travelers


Natalie Elefant/Special to the Town Crier
Los Altos resident Natalie Elefant noted the vibrant street performances as a traveler in Cuba.

The U.S. restored diplomatic relations with Cuba late last year, enabling Americans to import $100 worth of cig...

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Stepping Out

'Birds' landing in Mtn. View

'Birds' landing in Mtn. View


Ray Renati/Special to the Town Crier
The Pear Avenue Theatre production of Paul Braverman’s “Birds of a Feather” stars Troy Johnson as mafia boss Sean Kineen, left, and Diane Tasca as private eye Frankie Payne.

Pear Avenue Theatre’s world premi...

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Spiritual Life

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

Up to the challenge: Local leaders unite to help at-risk youth

Up to the challenge: Local leaders unite to help at-risk youth


Courtesy of Challenge Team
Jeanette Freiberg, bottom of pile, has fun with family members. The Challenge Team named Freiberg, a student at Mountain View High School, its 2015 Youth Champion.

There’s an ongoing joke among members of the Challenge...

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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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