Sun10262014

News

Election flyer mimics newspaper coverage

Election flyer mimics newspaper coverage

A flyer is being distributed across Los Altos that looks like it is from the Los Altos Town Crier but was neither created nor distributed by the community’s weekly newspaper. The flyer, pictured at right, is being distributed by workers from Pyrami...

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Schools

LAHS Science and Technology Week features medical examiner

LAHS Science and Technology Week features medical examiner


Ellie Van Houtte/Town Crier
A Los Altos High School student learns how to use robotic surgical equipment at the school’s Science and Technology Week event last year. Students can also attend hands-on presentations at this year’s event, w...

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Community

Ahoy, matey: Pirate Manor ramps up Halloween display

Ahoy, matey: Pirate Manor ramps up Halloween display


Town Crier File Photo
Pirate Manor is once again scheduled to arrive in the front yard of Dane and Jill Glasgow’s home on Manor Way in Los Altos, just in time for Halloween.

Although not the Walking Dead, pirate skeletons have been brought to li...

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Sports

Lancers rule the pool against Spartans

Lancers rule the pool against Spartans


Ellie Van Houtte/Town Crier
St. Francis High’s Eric Reitmeir launches the ball over Mountain View High driver David Niehaus (2) and goalie Kenny Tang. The host Lancers won Friday’s non-league game 9-3.

There wasn’t a lot on the line Friday when ...

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Comment

Reeder, Fung for El Camino HCD: Editorial

The good news for the El Camino Healthcare District (formerly the El Camino Hospital District, for those still getting used to the new name) is that there is a contested election Nov. 4 for the district’s board of directors. Three candidates are runn...

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Special Sections

Plant-based diet offers benefits

Plant-based diet offers benefits


Photo by Ramya Krishna
Los Altos resident Nandini Krishna prepares a meat-free dish According to author Caldwell B. Esselstyn Jr., M.D., a plant-based diet can help prevent cancer.

Shirley Okita of Los Altos has found that adhering to a mostly plant...

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Business

New shop offers haute couture for girls

New shop offers haute couture for girls


Ellie Van Houtte/Town Crier
The Girls @ Los Altos at 239 State St. offers clothing lines such as Nellystella as well as toys and other items for girls.

Cecilia Chen opened The Girls @ Los Altos as a tribute to the party dress. Whether it’s for...

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Books

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book

Helping kids catch a few Zs: Local dental hygienist pens meditative bedtime book


Ellie Van Houtte/Town Crier
Mimi Sommers, who works at a Los Altos dentist’s office, recently wrote a children’s book.

A local dental hygienist recently published a book that aims to ease parents and children during a sometimes anxious e...

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People

BARBARA DARLING MERIDETH

1946-2014

Born in Palo Alto, raised in Los Altos, retired in southern Oregon. Survived by Peter James Merideth, sons Matthew, Jacob and John Merideth, the loves of her life.

She was a housewife who took great pride in her home, her surroundings and...

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Travel

Falling leaves: Four places in California to see autumn colors

Falling leaves: Four places in California to see autumn colors


Courtesy of Castello di Amorosa
Castello di Amorosa in Calistoga, above, boasts a beautiful setting for viewing fall’s colors – and sampling the vineyard’s wines.

Yes, Virginia, there is fall in California.

The colors pop out in...

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Stepping Out

'Sleepy Hollow' awakens at Bus Barn

'Sleepy Hollow' awakens at Bus Barn



Los Altos Youth Theatre’s production of “The Legend of Sleepy Hollow,” a musical based on Washington Irving’s classic story, is set to run through Nov. 2 at Bus Barn Theater. The cast comprises 27 young actors, directed by Cindy Powell. Courtesy o...

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Spiritual Life

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...

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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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