MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 30 years.

Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals.

Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics.

Areas of Expertise Include:

Banking Operations/Administration

Check Fraud

Lending Policies, Custom and Practice

Loan Underwriting & Credit Administration

Sub Prime Loan Originations, Underwriting, Securitizations & Servicing

Bankruptcy, Foreclosures and Workouts

Trust & Fiduciary Issues / Operations

Securities Brokerage & Investments

Valuations & Damages Analysis

Forensic Accounting

Employment / Compensation

Real Estate Brokerage & Management

Title Insurance & Escrow

Real Estate Appraisal & Transactions

Insurance Industry Custom & Practice

Insurance Coverages / Claims Handling

Insurance Bad Faith

Allomet Partners, LLC (Allomet) is a nationally recognized Restructuring and Crisis Management firm serving middle market, manufacturing, distribution, and service organizations.

Now in its 35th year, Allomet has counseled and provided interim management services to more than 400 companies. The focus of the firm's practice today is working with management to develop effective plans for growth, funding and assisting in the implementation of these plans to ensure profitable performance. Clients are referred principally by members of the professional community or lenders, investors or directors who may have a financial interest in the future of the enterprise.

Gary Brooks, founder and Chairman of Allomet, offers unique experience and expertise related to investment decisions, integration of organizations and redesign of operations for more effective performance. He serves as an expert witness in cases involving management performance, family business conflicts and directors’ nonfeasance.

Gary Brooks has provided advice directly to more than 200 clients, has served as interim chief operating officer at more than 35 companies. He has assisted legal counsel in determining overall case strategy, analyzing opposing arguments and testifying in more than 25 cases.

Areas of Expertise Include:

Management performance

Bankruptcy & insolvency: validity of actions taken by parties-at-risk, claims evaluation

Business restructuring, reorganization & integration

Damages resulting from management actions

Director nonfeasance

Ethics related to professional practice

Financial analysis, budgets, cash flows

Family conflicts, dispute resolution

Fraud

Valuations in disputes related to purchase or sale of businesses

Venture financing

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Profile: 43+ yrs experience in financial, mortgage & business institutions including 17+ President, CEO & Director & 6+ director of a mortgage company. 15+ years of leadership/ directorships in national & state trade associations. Over 375 federal & state nationwide cases i for FDIC, FannieMae, financial institutions, mortgage companies, businesses, non-banks, individuals. Services provided: consulting, depositions, reports, affidavits & court testimonies.

Expertise: Financial Institutions, Mortgage Institutions, Business, Real Estate. Loans (mortgage,construction, real estate, business, SBA, international, consumer, etc.); Operations; Fraud; Check ops; EFT; Lender Liability; Policy & Procedures; Fiduciary Duties, D & O conduct, Other. Reports, depositions & court testimony in Federal, Bankruptcy & state courts.

375+ nationwide cases working both for defendants and plaintiffs.

16+ years of in-house, industry, and outside expert witness experience.

75+ depositions taken and 35+ court appearances in both Federal and state courts.

Clients: FannieMae, FDIC, ABN AMRO Mortgage, Viacom, Wells Fargo Bank, State of CA, Bank of America, Amex, Citicorp Mortgage, Washington Mutual, Viacom, Bank One, Long Beach Mortgage, EMC Mortgage, JPMorganChase Bank, PacifiCare, Beal Bank, Avnet, Fidelity Title & First American Title

Approximately 40% of cases are for financial institutions, 40% against financial institution and 20% are other.

Serving clients nationally— 50% plaintiffs and 50% defendants.

Resume, fee information and references provided on request.

Alistair Hynd has over 15 years experience in Corporate Finance. He heads the Project Finance and Financial Modelling Team that functions at Baker Tilly Corporate Finance, LLP (Baker Tilly). Mr. Hynd specialises in Project Finance, PFI, PPP and Debt Advisory plus Financial Modeling. Mr. Hynd is an Associate of the Institute of Chartered Accountants in England and Wales (ICAEW) and member of the Institute's Corporate Finance faculty. He is also a full member of the Association of Corporate Treasurers.

Mr. Hynd's team at Baker Tilly can become involved in Project Finance or Financial Modeling in three ways:

Financial Adviser to the Government – structuring projects, evaluating bids, and negotiating detail

Financial Adviser to the Consortium – assembling the bid, refining and optimising it, and acting as interface with funding markets

Acting for the Banks and other Lenders - providing reassurance that the model on which they are lending is fit for purpose.

Other Services Include

Capital Markets: Reporting Accountants, Flotation e.g. advice on Financial Structuring, Accounting Systems and Policies, Share Option, Director / Employer Benefits, Audit and Taxation services

Due Diligence: Historic Performance, Cash Flows, Assets and Liabilities, Forecasts, Working Capital Requirements, Financial Systems and Controls, Taxation

Mergers and Acquisitions / Private Equity:Preparing / Maximise Value from Business Sales, Negotiate Terms and Raise Private Equity / Debt Finance to Support Management Buy Out or Buy In, Raising Private Equity / Debt Finance for Growth, Cash Out or Recapitalisation, etc.

Valuations: Shares, Businesses, Options and Warrants, Various Derivatives, Brands and other Intellectual Property, Film and Media Rights,Income Producing Assets

Coleman & Horowitt, LLP is a Civil Litigation and Transactions Firm. It provides a wide variety of services to businesses and individuals through its two departments. By concentrating in these areas, members of the firm have become exceptionally proficient in dealing with all phases of preventive law, litigation, alternative dispute resolution and the negotiation and preparation of documentation to meet the needs of today's businesses. The firm has a varied client base ranging from small family operations to large, publicly traded corporations.

Darryl Horowitt, Esq. has conducted all phases of litigation in the areas of Banking, Business Disputes, Securities Fraud (class action and individual), Construction, Real Estate, Environmental, Casualty Insurance Defense, Personal Injury and Commercial Collections, from initial client contact to settlement, mediation, arbitration and trial - court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker's Compensation Appeals Board and Agricultural Labor Relations Board).

Mr. Horowitt has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, he has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).

Firm's Areas of Practice Include

Banking

Commercial Real Estate

Business

Casualty Insurance Defense

Construction Litigation and Transactions

Insurance Coverage

Environmental Law

Commercial Collections

Personal Injury Litigation

Alternative Dispute Resolution (mediation, arbitration and mini-trials)

Estate / Tax Planning

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Michael D. Pakter is an expert in Financial Analysis. He has more than thirty years experience in financial analysis, financial forensics, accounting and internal investigations in diverse engagements and numerous industries. Mr. Pakter has participated in public hearings and alternative dispute resolutions, submitted expert reports in several jurisdictions and testified in arbitrations, regulatory proceedings and State, Federal and Bankruptcy Courts.

Areas of Expertise include, without limitation:

Lost profits, actual and compensatory economic damages

Reconstruction of accounting records

Valuation of distressed businesses and/or in turnarounds and bankruptcies

Plan feasibility, solvency determination and preference analysis in bankruptcy proceedings

Reasonableness of management’s forecasts, projections and assumptions

Analysis of costs, charge backs and cost accounting methods in Manufacturing, Distribution and Transportation

Costs of construction and rehabilitation and landlord/tenant disputes

State & Local Government vendor audits and financial analysis of program revenues and costs

Pat McElroy, Jr. has more than 30 years of experience in the Banking Industry as a Regulator, Banker and Consultant. He has provided various management, lending, operational and regulatory services to financial institutions throughout the United States. Mr. McElroy has extensive experience as an expert witness and has been qualified in civil, criminal and bankruptcy proceedings. He is courtroom seasoned and also has high profile case experience.

Areas of Expertise:

Bank Policies and Procedures Forgery Fraud Lender Liability Lending Related Matters Bond Claims

Regulatory Compliance Credit & Collections Ordinary Care Employee Crime Industry Standards Bankruptcy Proceedings

Barry L. Pulchin is a Certified Public Accountant licensed in the States of New York Connecticut, Massachusetts, North Carolina and Florida. He is also a Certified Fraud Examiner and a Certified Valuation Analyst. In addition, Mr. Pulchin is the President of the Long Island Chapter of The Association of Certified Fraud Examiners.

The firm has a significant concentration in Litigation Support and provides Expert Witness Testimony and Business Valuations and Investigative and Forensic Accounting services in the following areas:

Domestic Relations

License Valuations

Pofessional Practice Valuations

Minority Shareholder Disputes

Insurance Loss

Lost Earnings and Profits

Bankruptcy

Estate and Gift Taxes

Tax Fraud Cases

Commercial Fraud Investigations

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"

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