Wed10012014

News

LA Council race adds 3 new faces to city politics

LA Council race adds 3 new faces to city politics


The Town Crier chronicled the first election of Los Altos City Council incumbent Jarrett Fishpaw in 2010 and documented the Los Altos candidacy of Jean Mordo, who volunteered as a longtime public servant in Los Altos Hills before moving to the flat...

Read more:

Loading...

Schools

St. Simon launches web-based learning management system

St. Simon launches web-based learning management system


Courtesy of St. Simon Parish School
St. Simon fifth-grader Matthew Cummins uses a laptop in class last week. The school’s cloud-based Schoology system boosts organization and collaboration.

Families at St. Simon Parish School in Los Altos laun...

Read more:

Loading...

Community

Los Altos to celebrate 100 years of library use with 'Centennial Faire'

Los Altos to celebrate 100 years of library use with 'Centennial Faire'


Town Crier File Photo
The Los Altos main library is among the more popular branches in the county library district system, set to celebrate 100 years.

In 1914, Babe Ruth made his debut with the Boston Red Sox, wages hit $5 per day, the first ste...

Read more:

Loading...

Sports

Eagles eye another stellar season

Eagles eye another stellar season


Ellie Van Houtte/Town Crier
Los Altos High outside hitter Carmen Annevelink, right, goes for the kill Thursday against Palo Alto, as teammates Sarah Tritschler, left, and Lulu Kishton prepare to play defense. The Eagles won the match in straight ga...

Read more:

Loading...

Comment

Torok, Walter, Dave for MVLA board: Editorial

There’s really nothing major you can criticize about the Mountain View Los Altos Union High School District. It offers a diverse array of effective programs for all types of students. Its instructors, with few exceptions, are outstanding.

Howe...

Read more:

Loading...

Special Sections

'Funabout' Fiat

'Funabout' Fiat


Photos courtesy of Fiat
The 2014 Fiat 500e uses 29 kilowatt-hours per 100 miles, which the engineers claim is the equivalent of 116 mpg of gas use. It has a sticker price of $33,095.

If you believe in climate change, would love to see alternat...

Read more:

Loading...

Business

App developer eyes First Friday as testing ground

App developer eyes First Friday as testing ground


Ted Fagenson

An East Bay app developer is testing his newest creation in downtown Los Altos.

Ted Fagenson, co-founder of Skrownge (pronounced “scrounge”), told the Town Crier that he’s beta testing his mobile gaming app this week ...

Read more:

Loading...

Books

From story to bookstore: Local journey highlights Halloween

From story to bookstore: Local journey highlights Halloween


Courtesy of Dee Ellmann
Jenny Hurwick self-published her picture book last month after decades of storytelling.

During her years working as a teacher and a Los Altos mom, Jenny Hurwick loved to tell stories. One tale she crafted for her son just se...

Read more:

Loading...

People

VINCENT (TIM) MURPHY JR.

VINCENT (TIM) MURPHY JR.

July 27, 1953 – August 12, 2014

Native Los Altan died Medford, OR. Graduated Bellarmine Prep. Married Josephine Domino, 1950. Licensed Auto Mechanic, Private Pilot, skilled Computer Scientist. Tim “could fix anything”. Afflicted with cancer 2001. ...

Read more:

Loading...

Travel

Taking a Turkey trek: Winging it during the World Cup

Taking a Turkey trek: Winging it during the World Cup


Rich Robertson/Special to the Town Crier
The sun sets over the Aegean Sea in Bodrum, Turkey, left.

Tours that whisk you from Istanbul to Bodrum in 11 days are as plentiful as souvenir hawkers in Turkey, but traveling from the Blue Mosque to Topkapi ...

Read more:

Loading...

Stepping Out

'Gypsy' on its way out

'Gypsy' on its way out


Chris Berger/Special to the Town Crier
Alison Koch of Los Altos plays Dainty June in “Gypsy.”

This is the final weekend to catch the Sunnyvale Community Players production of “Gypsy” at the Sunnyvale Theatre. The musical is slated to close Sund...

Read more:

Loading...

Spiritual Life

Ugandan pastor visits U.S. to raise support for children's ministry

Ugandan pastor visits U.S. to raise support for children's ministry


Ellie Van Houtte/Town Crier
Herman Lukwago educates children in Uganda.

Imagine life if your father had 25 children and you were raised in poverty in rural Uganda.

Now imagine that you and your siblings were orphaned at an early age and you ass...

Read more:

Loading...

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...

Read more:

Loading...

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.

Schools »

Schools
Read More

Sports »

sports
Read More

People »

people
Read More

Special Sections »

Special Sections
Read More

Photos of Los Altos

photoshelter
Browse and buy photos