Wed07292015

News

Cal Water says no E. coli in water; limits boiling advisory area

Cal Water says no E. coli in water; limits boiling advisory area

Cal Water officials said today that preliminary water quality test results were negative for E. coli were negative and "only a single hydrant" in the South El Monte area of Los Altos showed the presence of total coliform. They reduced the "boil your ...

Read more:

Loading...

Schools

BCS hosts Stretch to Kindergarten program for underserved youth

BCS hosts Stretch to Kindergarten program for underserved youth


Traci Newell/Town Crier
The six-week, tuition-free Stretch to Kindergarten program, hosted at Bullis Charter School, serves children who have not attended preschool. A teacher leads children in singing about the parts of a butterfly, above.

Local un...

Read more:

Loading...

Community

Google car painting project calls on artists

Google car painting project calls on artists


Google self-driving car

Already known as an innovator in the tech field, Google Inc. is now moving in on the art world.

The Mountain View-based company July 11 launched the “Paint the Town” contest, a “moving art experiment” that invites Califo...

Read more:

Loading...

Sports

Pedaling with a purpose

Pedaling with a purpose


courtesy of
Rishi Bommannan Rishi Bommannan cycled from Bates College in Maine to his home in Los Altos Hills, taking several selfies along the way. He also raised nearly $13,000 for the Livestrong Foundation, which supports cancer patients.

When R...

Read more:

Loading...

Comment

The truth about coyotes: Other Voices

The Town Crier’s recent article on coyotes venturing down from the foothills in search of sustenance referenced the organization Project Coyote (“Recent coyote attacks keep residents on edge,” July 1). Do not waste your time contac...

Read more:

Loading...

Special Sections

Grant Park senior program made permanent

Grant Park senior program made permanent


Photos by Alicia Castro/Town Crier
Local residents participate in an exercise class at the Grant Park Senior Center, above. Betsy Reeves, below left with Gail Enenstein, lobbied for senior programming in south Los Altos.

It all began when Betsy Reev...

Read more:

Loading...

Business

New State Street rug retailer has downtown Los Altos covered

New State Street rug retailer has downtown Los Altos covered


Alicia Castro/Town Crier
Los Altos Rug Gallery owner Fahim Karimi stocks his State Street store with a wall-to-wall array of floor coverings.

A new downtown business owner plans to roll out the red carpet – along with rugs of every other color –...

Read more:

Loading...

Books

Book Signings

• Fritz and Nomi Trapnell have scheduled a book-signing party 4-6 p.m. Aug. 1 at their home, 648 University Ave., Los Altos.

Fritz and his daughter, Dana Tibbitts, co-authored “Harnessing the Sky: Frederick ‘Trap’ Trapnell, ...

Read more:

Loading...

People

GRACE WILSON FRANKS

GRACE WILSON FRANKS

Resident of Los Altos

Grace Wilson Franks, our beloved mother and grandmother, left us peacefully on July 16, 2015 just a few weeks short of her 92nd birthday. She was born to Ross and Florence (Cruzan) Wilson in rural Tulare, California on Septem...

Read more:

Loading...

Travel

Gearing up: Make travel more civilized with accessories

Gearing up: Make travel more civilized with accessories


Eren Göknar/Special to the Town Crier
San Francisco-based humangear Inc. sells totes, tubes and tubs for traveling.

In travel, as in romance, it’s the little things that count.

Beyond the glossy brochures lie the travel discomforts too mun...

Read more:

Loading...

Stepping Out

Going out with a 'Bang'

Going out with a 'Bang'


Richard Mayer/Special to the Town Crier
“Chitty Chitty Bang Bang” stars, clockwise from top left, Alexander Sanchez, Sophia Sturiale, Deborah Rosengaus and Danny Martin.

Los Altos Stage Company and Los Altos Youth Theatre’s joint production of t...

Read more:

Loading...

Spiritual Life

Build a 'light' house and get out of that dark place

Most of us have a place inside our hearts and minds that occasionally causes us trouble. For some, it is sadness, depression or despair. For others, it may be fear, anger, resentment or myriad other emotional “dark places” that at times seem to hij...

Read more:

Loading...

Magazine

Inside Mountain View

Residents gather at NASA Ames for Pluto Flyby event

Residents gather at NASA Ames for Pluto Flyby event


Megan V. Winslow/Town Crier
NASA Ames’ Pluto Flyover event kindles the imaginations of young attendees.

Sue Moore watched the July 20, 1969, moon landing beside patients and staff members of the San Francisco hospital where she worked as a nurse...

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