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Banking Law Consultants

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Brian H. Kelley
23872 Marmara Bay
Dana Point CA 92629
USA
phone: 213-944-8888
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BHK Associates, Inc. (BHK), is a Banking / Finance firm comprised of former bank presidents, chief executive officers, chief creditor officers, and chief lending officers. BHK clients include banks, credit unions, title companies, financial institutions, and insurance companies.

Advisory Services - BHK Associates, Inc., provides a broad range of advisory services to the financial industry and its clients, involving a number of disciplines: Banking Industry Standards & Best Practices, Strategic Planning and Performance Reviews, Banking Operations, Construction Lending, Due Diligence Reviews, Merger & Acquisition Reviews, Troubled Debt Restructuring, Real Estate Appraisal Issues, and more.

Special Credits & Loan Workouts - Their experts have years of experience advising in the areas of special credits, loan workouts, and collection. Specific areas of expertise include: Problem Loan Review & Classification, Problem Loan Workout Strategies, Negotiating Loan Workouts & Forbearance Agreement, Asset Disposition and Loan Sales, Intra-bank disputes, Problem Asset Valuation, Loan Quality Assessment and Analysis, etc.

Brian H. Kelley, Founder and Principal, is a seasoned Banking Executive, Lender, and Attorney with over 30 years of experience in lending, top management, and legal positions for both regional and larger commercial banks in California, Arizona, Washington, and Oregon. He has served as the CEO of three successful community banks and the head of a Multi-Billion Dollar lending group with a large international bank.

Mr. Kelley earned his BA and JD from Brigham Young University. He has been admitted to the CA, UT, and HI Bar Associations. He also has extensive professional course experience in loan underwriting, credit analysis, corporate finance, and lending practices. Mr. Kelley has been a featured speaker and panelist for various industry groups, including the Mortgage Bankers Association and the National Hotel Finance & Investment Conference.

View Brian Kelley's Expert Witness Profile.
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Michael Richards
Principal
21525 Norris Road
Manhattan MT 59741
USA
phone: 406-282-6079 (Office) 406-581-8797 (Cell)
fax: 406-282-6083
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Michael F. Richards is a Banking Expert Witness and Consultant with more than 34 years of experience. His experience as a Founder, President, and Director of two De-Novo banks and the head of a work-out department for a regional bank give clients and attorneys a crucial behind-the-scene understanding of all aspects of banking.

Mr. Richards' experience in heading a work-out department provides a wealth of knowledge in litigation testimony from the perspective of a bank officer. He has extensive experience in Lending, Lender Liability, Banking Operations, Regulatory Oversight, Policies, Procedures, and Standards of Care in the Banking Practice. Mr. Richards' represents both Plaintiffs and Defendants.

Areas of Expertise:
  • De Novo Start-ups / Fundraising
  • Banking Practices, Policies, and Procedures
  • Standards of Care
  • Bank Officers’ / Directors’ Conduct, Actions, Negligence
  • Banking Operations
  • Credit Analysis
  • Loan Review
  • Loan Documentation
  • Bank Regulations / Law
  • Commercial and Real Estate Lending Practices
  • Consumer Lending Practices
  • Forensic Commercial Loans
  • Lender Liability
  • Loan Participation and Documentation
  • Troubled Debt Restructuring Practices, Workouts, Forbearance
  • Collection Practices
  • Loan Commitment Issues
  • Loan Guarantee Issues
  • Bank Credit Administration and Credit Policy Issues, Customs and Practices
  • Real Estate Appraisal
  • Bank Fraud
  • Bankruptcy, Fairness of Interest Rates "Cramdown"
  • 2/8/2011 · Banking
    Successful discovery and depositions require an understanding of the problem loan process in banking.

    1/17/2011 · Banking
    Selecting the appropriate expert is a very important issue and there have been many articles written about the subject.

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    Superior Bancorp Inc.
    David L. Zacharias
    Commercial Banking Consultant
    126 E. Country Club Dr.
    Phoenix AZ 85014
    USA
    phone: 602-265-3218
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    David L. Zacharias has over 35 years of experience in the Commercial Banking Industry. Has been a director of four banks, CEO of two banks, two mortgage companies, and is currently a Managing Member of a software company which monitors construction loans.

    Litigation Support - Mr. Zacharias has been involved in some of the largest and most complex financial lawsuits representing plaintiffs or defendants, from locally-owned, to Fortune 500 companies, to the FDIC. He has been an expert witness in 17 states involving more than 85 cases (60/40 plaintiff/defendant), involving 55 days of depositions/22 days of trial testimonies. Mr. Zacharias has been deposed many times and has testified more than 100 hours in District, Federal, and Bankruptcy court.

    Areas of Expertise:
    • Commercial and Real Estate Credit
    • Loan Underwriting
    • Loan Analysis and Approval
    • Mortgage Underwriting
    • Loan Loss Provisions
    • Loan Structuring / Loan Documentation
    • Lending Policies and Procedures
  • Lender Liability
  • Branch / Checking Account Operations
  • Letters of Credit
  • Bank Internal Controls
  • Bank Fraud Analysis
  • Corporate Credit Fraud
  • Board of Directors’ Responsibilities
  • Resume, fee information and references provided upon request.
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    John W. Valentine
    Groton MA 01450
    USA
    phone: 617-872-2307
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    John Valentine Banking Finance Expert PhotoJohn W. Valentine is the principal of Valentine Law LLC -- a specialty firm focused on Asset Servicing, Custody Banking and ERISA Fiduciary issues for Institutional Investors and service providers, including Fund Sponsors, Investment Managers, Custody Banks, – and other law firms needing temporary expertise in this area.

    Asset Servicing encompasses laws, regulations and industry practices covering the mechanics of investing, including: trade settlement; global and domestic custody; use of securities depositories and registries; physical asset custody; income; corporate actions; proxies; tax reclaims; pricing and valuation; fund accounting, derivative processing and all other aspects of custody and asset administration and operations.

    He also handles ERISA fiduciary issues and prohibited transactions; Mutual Fund custody and accounting; private fund structure; SEC regulations involving manager and mutual fund custody and global custody; practices and standards for corporate actions, class actions, tax reclaims, collateral arrangements, FX etc. – virtually all aspects of custody and management operations.

    Client Needs Served:
    • Fund Sponsors – Negotiations and problems/losses involving Banks and Investment Managers; Risk Management; Fiduciary Audits; negotiation of trust and custody agreements
    • Investment Managers – All Fund Sponsor needs above; as well as ERISA fiduciary expertise in fund investments, including derivatives and non-traditional investment vehicles; mid and back-office operations; fund structure; domestic and global custody arrangements; etc.
    • Custody Banks – Advice regarding all aspects of domestic and global trust and custody and asset servicing.
    • Law Firms - Expertise as needed to assist clients or unique client needs as noted above, without referring clients to other full-service firms; consultation on matters involving asset servicing and trust/custody issues; and litigation.

      Background Experience:

      John W. Valentine has practiced law for over 40 years, with more than 30 years in Banking and Financial Services, ERISA, and benefits work. His experience includes all sides of financial services work, from custody banks, to investment managers, to plan sponsors.

      Valentine Law was established in 2009. Prior to that Mr. Valentine: headed the legal office of Mellon Bank (later BNY-Mellon) in Everett, MA for 11 years; was in-house counsel to Chase Manhattan Bank’s Trust and Custody operations for almost 10 years; and for 7 years was Labor and Benefits counsel for Lever Brothers Company.

      Mr. Valentine was an active participant in the ERISA Attorney’s Group and helped found the Association of Global Custodians. As such, he knows and has helped influence industry practices as well as regulations and regulatory policies affecting Institutional Investors. His extensive in-house knowledge of Custody Banking and Fiduciary Services is unique.

      View John Valentine's Expert Witness Profile.