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Commercial & Real Estate Finance & Financing Expert Witnesses

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William H. Purcell
Investment Banking Expert Witness
225 Cedar Ridge Road
Bedminster NJ 07921
phone: (908) 781-1803; cell: (908) 581-1203
fax: (908) 781-5865
  • Princeton, 1964 (B.A., Economics, with honors)
  • NYU Business School, 1966 (MBA, Top of class)
  • Expertise: Mr. Purcell has over 40 years of experience in every area of investment banking including the following:
  • Mergers & Acquisitions
  • Leveraged Buyouts and Recapitalizations
  • Fairness Opinions and Fairness Issues
  • Adequacy Opinions
  • Solvency Opinions
  • Bankruptcy issues, including fraudulent conveyance
  • Valuations
  • Advice to Special Committees of Boards
  • Due Diligence and Disclosure Issues
  • Fiduciary Issues
  • Damage issues and analysis
  • Lender Liability
  • Fee issues
  • Document Interpretation and Standards from investment banking point of views
  • Criminal cases involving alleged securities violations and insider trading
  • Financing of Debt and Equity (both public and private, taxable and tax-exempt, including structured financings)
  • Venture Capital
  • Leasing and Real Estate Financing
  • Background: Mr. Purcell was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. He also has served as interim CEO of a public company and has served on Boards of Directors. Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area.

    Mr. Purcell has been an expert in more than 100 cases with over 100 Law Firms, including cases for the SEC, IRS and the DOJ. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.

    View Consulting Profile.
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    Norman Katz
    Managing Partner
    18881 Von Karman, Suite 1175
    Irvine CA 92612
    phone: 949-263-8700
    fax: 949-263-0770
    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
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    Thomas A. Tarter
    16311 Ventura Blvd., Suite 1060
    Encino CA 91436
    phone: 818-380-3102
    fax: 818-616-4357
    Thomas A. Tarter, President of The Andela Consulting Group, Inc., Management, Financial and Advisory Services Involving Corporate Governance, Management, Compensation, Financial and Banking Matters.

    He has served on boards, assisted in corporate restructures and provided advisory services to a diverse group of clients including corporations, law firms, financial institutions and government agencies - including U.S. Small Business Administration and FDIC. Involved in over 1000 cases - national and international.

    Areas of Expertise:
    • Bank Operations -Check processing forgery, kiting,ID Theft, Ponzi schemes
    • Lending Standards - Commercial and R/E Loans
    • Consumer and Subprime Lending, Underwriting, Loan Servicing, Foreclosures / Credit Damages
    • Guarranties/Lender Liability
    • FCRA and Collection Practices
    • Bankruptcy
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    J.F. Chip Morrow
    Nationwide coverage
    San Antonio ALL States 78261
    phone: 866-365-7212 (Toll Free)
    fax: Toll free 866-869-4062
    Profile: 47+ 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 500 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. Residential mortgage loans,construction loans, commercial real estate loans, business loans, SBA; Operations; Fraud; Lender Liability; Policy & Procedures; Fiduciary Duties, D & O conduct, Other. Reports, depositions & court testimony in Federal, Bankruptcy & state courts.

  • 500+ nationwide cases working both for defendants and plaintiffs.

  • 20+ 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, Freddie Mac, FHA, VA, Viacom, Wells Fargo Bank, State of CA, Bank of America, Amex, Citicorp Mortgage, Washington Mutual, Bank One, Long Beach Mortgage, EMC Mortgage, JPMorganChase Bank, PacifiCare, Beal Bank, Avnet, Fidelity Title & First American Title

  • Approximately 50% of cases are for financial institutions, 40% against financial institution and 10% are other.

  • Serving clients nationally— 40% plaintiffs and 60% defendants.

  • Resume, fee information and references provided on request.
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    J. Michael Feeks
    See Locations Below
    MA, NJ USA
    phone: 978-887-3960
    150 Allen Road, Suite 100
    Liberty Corner, NJ 07938
    8 Kate's Lane
    Boxford, MA 01921

    Profile: J. Michael Feeks, one of the founders of Bank Experts Group, provides litigation support and expert witness services to law firms in banking-related matters. He has handled approximately 70 cases as an expert and has provided court-room and/or deposition testimony in more than 15 of these matters.

    Expertise: Mr. Feeks has served as an expert in cases involving:
    • Commercial and Real Estate Lending
    • Loan Approval, Workout and Administration
    • Business and Consumer Banking Operations
    • Management Policies, Practices and Procedures
    • Regulatory Compliance
    • Bankruptcies and Frauds
    Law Firms Served, include: Bailey Kennedy, Cahill Gordon & Reindel, Elliott Reihner Siedzikowski & Egan, Hoagland Longo Moran Dunst & Doukas, Margolis Edelstein, McCarter & English, Scarinci & Hollenbeck, Schenck Price Smith & King, Shearman & Sterling, Shipman & Wright, Windels Marx Lane & Mittendorf.

    Background: 35+ years banking experience. Served major bank in business lending, branch operations and management. Served community banks as president, director and other senior positions. MBA – New York University. Graduate – Manhattan College and Stonier Graduate School of Banking.

    Bank Experts Group is a consulting firm that provides litigation support in banking-related matters and specialized assistance to banks and other financial institutions. The principals are experienced former bankers, regulators and educators with extensive experience in bank management.

    View Consulting Profile.

    7/26/2006 · Banking
    How do some community banks manage to go from near-failure to above-average ROAs and ROEs in a matter of a several years? How do mediocre performers achieve top-tier financial performance in similar timeframes? Generally speaking, there are at least 10 success factors underlying most turnarounds of operations and earnings

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    Brian H. Kelley
    23872 Marmara Bay
    Dana Point CA 92629
    phone: 213-944-8888
    Brian H. Kelley 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.

    Litigation Support - Mr. Kelley provides expert testimony and litigation support to attorneys representing financial institutions, businesses, and individuals. His expert witness services include analysis of key issues, case strategy, depositions, opinions, and court testimony.

    Mr. Kelley's expertise has been called upon in State, Federal, Bankruptcy, and Arbitration Courts, having testified on behalf of FDIC, major banks, and financial institutions. He is a qualified expert in eights states and the District of Columbia.

    Areas of Expertise:
    • Consumer and Commercial Lending
    • Loan Underwriting
    • Bank Operations
    • Bank Compliance
    • Federal and State Regulation
    • Credit and Collection Practices
  • Bank Governance
  • Lender Liability
  • Loan Policy and Guidelines
  • Loan and Credit Review
  • Loan Workout
  • Loan Modification and HAMP Programs
  • Education / Training: BA and JD from Brigham Young University. Extensive professional course experience in loan underwriting, credit analysis, corporate finance, lending practices, etc.

    Degrees / Certifications: Admitted to the California, Utah and Hawaii Bar Associations. Past Director of Western Independent Bankers, California Bankers, American Bankers Association and Mortgage Bankers of America.

    View Brian Kelley's Consulting Profile.
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    Douglas E. Johnston, Jr.
    Managing Director
    100 Wilshire Boulevard, Suite 940
    Santa Monica CA 90401
    phone: 310-917-1075
    fax: 310-393-9205
    Douglas E. Johnston, Jr., is an expert witness in banking and corporate finance. He has 30 years experience across the US in senior management of leading Banking, Private Equity/Mergers and Acquisitions and Real Estate companies.

    Trained at a major AAA-rated East Coast bank, honored early in his career as a bank President, and confirmed by regulators in a Class 1 rated bank, Doug Johnston managed five full-service banking offices in Texas and California over 11 additional years, before expanding into mergers & acquisitions as EVP-Finance and Administration and a Founding Father of the largest private company in Los Angeles. He has due diligence, negotiation, documentation, and monitoring experience including as a lender, borrower, buyer, seller, manager and/or co-investor in hundreds of transactions including the service, technology, manufacturing, and real estate sectors across the US and also in Europe, with over $2 Billion in closed transactions. His over 3 decades in banking and finance management includes Bank Operations, Regulations, Credit Underwriting, Financial Statements, Commitments, Loan Agreements, Deeds, Guarantees, Purchase and Sale Agreements, Ventures, and Equity Partnerships, plus analysis of the strengths and weaknesses of the parties. Doug is a published author on banking and finance topics since 2008, he is a past President of the Century City Rotary Club, and he is a frequent speaker to Advance Placement high school juniors in South Central Los Angeles under the Youth Business Alliance program.

    Litigation Support – Five Management, LLC and Doug Johnston provide complex business litigation support in Banking, Mergers and Acquisitions, Private Equity, Due Diligence and Lender Liability for counsel representing Plaintiff and Defense. Mr. Johnston has provided litigation support in breach, misrepresentation, fraud and other actions in complex Business, Family and Employment cases since 2010.

    Areas of Expertise:
    • Banking & Lending
    • Policy & Regulations
    • Mergers & Acquisitions
    • Corporate Finance
    • Private Equity
    • Due Diligence
    • Operating Management
  • Leveraged Buyouts
  • Equity Syndications
  • International Business
  • Foreign Currencies
  • Hedging
  • Commodities
  • Marketing & Development
  • View Douglas Johnston's Consulting Profile.
    2/26/2016 · Banking
    Negative interest rates are a confusing topic and they may be heading to the U.S. this year. Many Americans ask what they mean and why this is all happening. Since 2014, leading European central banks have initiated 'negative interest' policies as an economic stimulus measure by means of large government-issued or sovereign bond activities. Negative rates begin where major buyers of low-risk government bonds agree to accept a return less than their original investment when the bonds mature. Since Government bond rates are the bellwether for corporate bond rates, these once-improbable 'negative interest' bonds soon become a major influence in major bank bond portfolios. The Federal Reserve and U.S. banks are now looking at them.

    7/10/2015 · Banking
    While financial market observers in the US remain focused on the timing and magnitude of the Fed raising target interest rates over the months ahead, European bond markets have begun to experience just the opposite - the never-before-seen phenomenon of actual negative bond market interest rates. Since the Global Crisis of 2008, which saw both the Fed and foreign central bankers seeking both to calm markets and to encourage growth by reducing rates to the 'zero bound,' interest rates for bellwether German bonds and across Europe in late 2014 crossed into negative territory, and for the first time in world history.

    6/12/2015 · Finance
    As billionaire Warren Buffet once noted, "Price is what you pay. Value is what you get." Interested buyers, investors and bankers looking at new initiatives with companies often share similar objectives in 'kicking the tires' to be sure a target company has properly documented its business activities. On the other side of the transaction, the subject company's Founder, Board of Directors, CEO, Chief Financial Officer, Chief Operating Officer, Accounting and/or other departments can find themselves overwhelmed by the volume of documentation requests. Third parties can test the bounds of both courtesy and reasonableness before committing to and funding a new transaction.

    5/12/2015 · Finance
    The emergence of structured finance products over twenty-five years ago enabled major commercial banks and investment houses to develop higher volumes of real estate, credit cards, automobiles and other asset-based loans in new and often more profitable ways. Historically, lenders normally generated these types of loans as portfolio loans, where the bank kept and monitored these loans on its own balance sheet and at its own risk. But beginning in the late 1980's, banks began to investigate taking an intermediary or conduit role for certain types of loan portfolios. When generating loans which met the advance underwriting criteria of large investors, banks and loan originators recognized they could simultaneously generate large fees and also promptly move these 'tailored' loan portfolios off the bank's books, by pre-packaging them for investor third parties.

    4/14/2015 · Finance
    "When it happens to you, you'll know it's true." Old Proverb A financial expert witness experienced in the due diligence process and in complex business negotiations can help unlock the valuation issues at the core of many business disputes. Merger and acquisition-related lawsuits can become an exercise in piecing together both the timing and materiality of various communications by representatives from both parties. Analysis of the specific due diligence activities undertaken and the data exchanged can yield key answers. With a full understanding of the processes and communications developed in due diligence and underwriting, business disputes can be more readily resolved.

    3/12/2015 · Economics
    Several important economic factors appear to be moving unfavorably for the US at the moment, both domestically and abroad, and there are increasing indications that America may not be able to orchestrate a global resurgence on its own. Despite encouraging signs of domestic recovery, fundamental structural problems persist in the US economy. The National Debt now exceeds $18 Trillion, the Department of Agriculture confirms that well over 46 million Americans continue on food stamps, and key voices have stepped forward asking for a deeper look at several U.S. economic statistics. Last week long-time Gallup CEO Jim Clinton very boldly drew attention to the government's recent 5.6% unemployment numbers, questioning them as overly optimistic interpretations of data, and noting on CNBC that the percentage of Americans holding full-time jobs is now the lowest in 60 years.

    2/13/2015 · Finance
    With the Federal Reserve's wide-ranging efforts to address the ongoing Credit Crisis through unprecedented money-creation activities, we are now likely witnessing the final phases of the U.S. Dollar's 64-year reign as the primary global reserve currency. Few Americans understand the implications of this dramatically unfolding global sea-change.

    1/14/2015 · Finance
    The global monetary system which was laid out by the Allied nations at Bretton Woods, New Hampshire, in 1944 is nearing its end, and daily we move closer to the threshold of a financial new world order. The United States, having created the most powerful economic system yet devised by man, and having earned global 'reserve currency status' for the US Dollar through America's unequalled military and economic power as the victor of two World Wars, is now nearing the unthinkable loss of the global financial dominance of the Dollar. Following the residential real estate 'Bubble' of 2002-2006, the sub-prime Credit Crisis of 2007, and the broader global financial meltdown which has followed, the U.S. has experienced dramatically declining levels of core lending & general economic activity.

    "In his most recent article about the never-before-in-history advent of negative interest rates in Europe and the U.S., Douglas E. Johnston, Jr., Founder and CEO of California-based Five Management, LLC advisors addresses some of the early implications of this startling new market frontier, which was not even envisioned by John Maynard Keynes, the founder of modern economic theory."
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    Gerald M. Levy
    11 W. 42nd Street, suite 508
    New York NY 10036
    phone: 212-992-3408
    fax: 212-992-3686
    Gerald M. Levy, real estate and banking consultant, serves as arbitrator and mediator of real estate and construction disputes and expert witness on practice standards for real estate lending, construction lending, commercial lending, credit risk, loan guarantees, brokerage, due diligence, negotiation of transactions, landlord/tenant disputes, ground and space leases, restructurings and workouts,real estate fraud analysis, corporate real estate, and real estate valuation.

    He is Professor at NYU and was Managing Director, Real Estate Finance Division, Chase Manhattan Bank; and Senior Vice President and General Manager, Real Estate and Corporate Services Division, Chemical Bank.

    Mr. Levy holds the MAI, CRE, and FRICS designations and is a neutral for American Arbitration Association. He is a New York State Licensed Real Estate Broker and a New York State Certified General Real Estate Appraiser.
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    Catherine Ghiglieri
    2300 Cypress Point West
    Austin TX 78746
    phone: 512-329-5101
    fax: 512-329-5166
    Catherine Ghiglieri, former Texas Banking Commissioner, has more than 25 years bank regulatory experience, including 18 years with the Comptroller of the Currency. Ms. Ghiglieri has provided banking expert witness testimony in Federal and State Courts throughout the country. Ms. Ghiglieri founded Ghiglieri & Company, a full service consulting firm, which provides strategic planning, management studies, director training, and assistance with bank regulatory agencies. Ms. Ghiglieri co-founded The Bank Directors' College which provided training for bank directors and is co-author of The Ultimate Guide for Bank Directors and The Ultimate Guide for Bank Directors, Revised Edition.

    Ms. Ghiglieri provides expert witness testimony on the following subjects:
  • Bank regulatory practices of the FDIC, OCC, Federal Reserve, and state banking departments
  • Banking industry standards
  • Banking practices and procedures
  • Federal and state banking laws and regulations
  • Bank fraud and Ponzi schemes
  • Check fraud & check kiting
  • Deposit account procedures
  • Directors' and officers' fiduciary duties
  • Corporate governance
  • Fraud detection procedures
  • Bank internal controls

  • Qualifications:
    Ms. Ghiglieri is the former Texas Banking Commissioner and has over 25 years of bank regulatory experience, including 18 years with the Comptroller of the Currency. As Texas Banking Commissioner, Ms. Ghiglieri was responsible for the supervision of the third largest state banking system in the United States, and the regulation of trust companies, foreign bank agencies, prepaid funeral contract providers, sale of check licensees, and money transmission businesses. She served as statutory receiver for failed trust companies, prepaid funeral contract providers and perpetual care cemeteries. Ms. Ghiglieri directed the statutory modernization of all statutes under the Texas Banking Department, most notably, revision of Texas’ 50-year-old banking laws. She made numerous appearances before the U.S. Congress and the Texas Legislature providing testimony on subjects such as financial modernization, and bank and funeral regulation.

    University of Notre Dame - BBA in Finance
    Georgia State University - JD

    Member of the State Bar of Georgia and the District of Columbia Bar.
    10/10/2016 · Banking
    Strategic planning has always been an important function of the board of directors, but it takes on an even more critical role when under the regulatory microscope. The OCC announced that, for the remainder of 2016, it will continue to focus on strategic risk, as banks change their business models to adapt to innovative products and services.

    8/12/2016 · Forgery & Fraud
    Ten years ago, I wrote an article on how banks could minimize their litigation risks. Unfortunately, many of the same schemes are present today as they were ten years ago, such as check fraud, check kiting, elder abuse, bookkeeper fraud, and construction loan fraud. Today, cybersecurity and other high-tech risks are consuming bankers' attention in order to reduce their operational and reputational risks. While these issues are important, here are a few of the low-tech ways in which banks can minimize their litigation risk.

    10/20/2014 · Banking
    Many banks need to add new board members because some are reaching a mandatory retirement age or because others who agreed to stay through the financial crisis now want to rotate off the board. Banks need to keep in mind that they will be under close scrutiny by any prospective candidate who will be conducting due diligence on the bank at the same time the bank is conducting due diligence on the candidate. In order to ensure your bank can attract top candidates for board positions, consider the following before beginning the recruiting process:

    11/8/2013 · Banking
    Directors in community banks are usually picked for two reasons: their expertise and their ability to bring business into the bank. Upon taking their places at the board tables, however, directors immediately learn that while bringing business into their bank is a laudable goal, they also have to ensure that their bank operates in a safe and sound manner. Directors, thus, walk a fine line between these two goals.

    2/27/2013 · Banking
    Strategic risk is currently a focus of regulatory scrutiny and the board of directors should understand what it is and how to manage it. Strategic risk is the risk to a bank's earnings and capital from making poor business decisions, from not implementing business decisions properly, or from failing to respond to industry changes.

    1/22/2011 · Banking
    As more and more banks are being downgraded to a problem bank status in this difficult economic environment, they are facing the prospect of a regulatory enforcement action.

    10/15/2009 · Banking
    Corporate governance refers to the manner in which a company is directed by its board of directors. With the collapse of such companies as Enron, WorldCom, and others, there has been greater scrutiny of corporate governance and the manner in which boards of directors make decisions affecting their companies.

    4/21/2009 · Banking
    For almost thirty years, bank regulators have operated under the Too Big To Fail (TBTF) Doctrine, whereby insolvent large banks are treated differently than insolvent community banks by keeping the large banks open and closing the community banks. Now is the time to do away with TBTF once and for all

    9/30/2008 · Banking
    Bankers are hearing horror stories about examiners’ demands and are confused as to how to plan for their next examination. What should they focus on? And will those things be the wrong things when the examiners come into their bank

    Catherine A. Ghiglieri and Jewell D. Hoover
    The Ultimate Guide for Bank Directors, Revised Edition provides bank directors with practical advice and updated information, including on Basel III, CFPB, cybersecurity and risk management, to guide the bank in a safe and sound manner.
    Catherine A. Ghiglieri and Jewell D. Hoover
    This book provides bank directors with a roadmap for navigating the challenges facing banks today.
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    Straightline Advisors
    2808 Ashworth Circle
    Las Vegas NV 89107
    phone: 805-373-6840
    fax: 888-473-6510

    Scope & Range of Services

    Overview: Kenneth Free is a hotel and resort with 43-years experience in the business. He is a highly credible resource for operations, real estate development, feasibility, business valuation, and business interruption issues.

    Degrees and Licenses held by the Principal: MBA-Finance, Bloch School of Management (University of Missouri in Kansas City); BS-Hotel Administration, Harrah College of Hotel Administration (University of Nevada in Las Vegas); Registered Resort Professional, American Resort Development Association; Master Hotel Supplier, American Hotel & Lodging Association; Real Estate Broker licensed by the California Department of Real Estate.

    Detail: Mr. Free’s company, Straightline Advisors, provides Advisory and Expert Services for Hotels, Resorts, Resort Timesharing, Fractionals, Condo Hotels, Casinos, Spas, and Recreational Real Estate. These services may be in relation to new properties going through the development or pre-development stages, those that are open and in need of fundamental change, or in any situation where disputes have arisen among the parties.

    Key areas of consulting and expert effectiveness are –

    Advisory & Expert Services:
    • Project Concept Development
    • Project Amenity Programming
    • Strategy Development
    • Project Predevelopment Matters
    • Project Management Issues
    • Acquisition of Financing
    • Repositioning and Expansion Strategies
    • Due Diligence for Property Acquisitions
    • Management of Property Dispositions
    • Investment / Financing Package Development
  • Lost Profits Calculation & Business Interruption Impacts
  • Retail Pricing Analysis
  • Absorption Forecasting
  • Brand/System Affiliation Studies and Negotiations
  • Franchise Disputes
  • Disputes Between Partners
  • Management / Marketing Company Search and Negotiations
  • Operational Reviews or Audits
  • Marketing Program Assessments
  • View Consulting Profile.
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    6700 S. Florida Avenue, Suite #3
    Lakeland FL 33813
    phone: 863-398-9898
    James W. Lovely, BBA, MBA, JD, is an experienced provider of expert witness testimony, case analysis and consulting advice. He has more than 25 years of business and legal experience in the financial markets with particular expertise in:
    • Complex financial products, including swaps, swaptions, options, futures, repurchase agreements, foreign exchange, commodities, prime brokerage arrangements, securitizations, structured notes and municipal bonds;
    • Secured commercial lending and hedging arrangements often (but not exclusively) involving those complex financial products; and
    • U.S. commercial, commodities, securities and banking law and regulations governing those financial products.
    Mr. Lovely is adept at simplifying or clarifying complex financial products and disputes and translating between a client’s legal team and its executive/financial officers while delivering insightful analysis and persuasive testimony. He is a very capable writer and public speaker and currently maintains his own consultancy in the above-described areas of expertise. He is intimately familiar with ISDA, NAESB, EEI, ICOM, IFEMA and SIFMA financial product documentation, forms and protocols.

    Recent Expert Witness Engagements:
    • Analysis of documents, opposing expert’s report, and damages, and deposition testimony in NY case re: $500 million municipal bond repurchase agreement, interest rate derivatives, and municipal bond securitizations.
    • Analysis of transaction documents and opposing expert’s report, preparation of rebuttal report, and deposition testimony on $17 million aircraft loan, related guarantees, and swap documentation and sales practices in Federal case.
    • Evaluation of transaction documents, witness statements and opposing expert's opinion, and deposition/trial testimony as to whether promissory notes were "securities" under Florida and Federal law; Defendant acquitted on all criminal counts.
    • Assistance to counsel in bankruptcy case seeking to void interest rate swap as illegal.
    View James Lovely's Consulting Profile.
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    Maurice Robinson, ISHC, CRE, ASA
    28 Dover Place
    Manhattan Beach CA 90266
    phone: 310-640-9656
    fax: 310-640-9276
    Qualfied Expert Witness & Consultant in Hotel and Real Estate Industry Business Issues:
    • Market, economic & financial feasibility
    • Valuation
    • Disputes between owner-operator, borrower-lender, franchisor-franchisee
    • Management contracts
    • Ground & building leases
    • Partnership & JV agreements
    • Concession contracts
    • Development agreements and loan documents
    • Expert witness testimony
    • Litigation strategy, consultation and support
    • Damage calculations
    • Lost profits analysis
    • Real estate appraisals
    • Deal structuring & workouts
    • New development
    • Strategic planning
    • Market demand assessment
    • Acquisition due diligence
    • Economic, financial & investment analysis
    • Can estimate damages and appraise property values under multiple scenarios
    • Trained Arbitrator & Mediator

    Winner of the Creative Counselor of the Year for appraising the Grand Canyon.
    Recently, we were engaged by the National Park Service (NPS) to appraise the structures and other improvements that have been constructed by commercial vendors or "concessionaires" operating hotels, restaurants and other hospitality services in National Parks.

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    Michael Richards
    21525 Norris Road
    Manhattan MT 59741
    phone: 406-282-6079 (Office) 406-581-8797 (Cell)
    fax: 406-282-6083
    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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    Richard Payne
    57 Union Place Suite 316
    Summit NJ 07901
    phone: 908-277-0250
    fax: 908-277-3391
    Richard Payne is a Mortgage Banking Expert and Managing Partner for Payne Advisory, LLC. He has served as lead advisor for the RTC at Prudential Securities for Mortgage Securitizations and on the Regional Advisory Boards of both FNMA and Freddie Mac. Mr. Payne has also served as President and CEO of several large and small cap mortgage banking firms.

    Areas of Expertise include:
  • Expert Witness services
  • Put-Back Reviews
  • Mortgage Risk Evaluations
  • Loss Mitigation Strategies
  • Merger & Acquisition Advisory
  • Operational Overviews
  • Credit Reviews
  • Branch Reviews
  • Warehouse Evaluations
  • Board of Director Training
  • Government Relations
  • Hard Money Lending
  • Mortgage Capital Markets
  • Distressed Asset Reviews
  • Specialty Servicer Reviews

  • Payne Advisory, LLC, has thirty years of Wall Street and Main Street experience and assists Companies to proactively address mortgage crisis issues. Its consultants include Lisa Jones who specializes in all aspects of residential mortgage banking, state and federal regulatory compliance, underwriting, credit risk and loss mitigation.
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    Peter W. Leibundgut, Esq.
    333 Stoney Brook Ln
    Marlton NJ 08053
    phone: 8569128470
    Peter W. Leibundgut, Esq., has 30 years of transactional, public, and private commercial and real estate finance, legal and bank consulting experience. He currently provides a range of financial services to borrowers and domestic and foreign private and institutional investors in connection with structuring, placing, and conducting due diligence in Commercial and Real Estate Financing Transactions.

    Mr. Leibundgut has decades of experience performing due diligence investigations, structuring, closing and restructuring public and commercial financial transactions on behalf of lenders; county, state and federal authorities and issuers; underwriters; finance companies; private equity and hedge fund investors; and borrowers.

    Litigation Support - Mr. Leibundgut serves as an expert witness and provides litigation support in cases involving contract disputes and complex public and commercial finance matters centering on debtor and creditor rights. He has served as an expert, provided litigation support, rendered expert reports, and testified in cases involving several billion dollars over the last seven years. Three of his cases were nationally recognized and several were cases of first impression. Mr. Leibundgut has also represented the FDIC in forensic commercial loan review.

    Areas of Expertise:
    • Ponzi Schemes
    • Lender Liability
    • Legal Malpractice
    • Whole Bank Acquisitions
    • Shared Loss Matters
    • Fraud and Gross Negligence
    • Niche Lending
    • Contract Expertise
    • Factoring
    • Securitizations
    • Bonds
    • Syndications
    • Healthcare
  • Commercial Real Estate
  • P3s
  • Transportation
  • Purchase Orders
  • Public and Private Offerings
  • Letters of Credit
  • Secured and Unsecured Transactions
  • Bank Policy and Procedure
  • Bankruptcy
  • Derivatives
  • Equipment Leasing
  • Microfinance
  • Aircraft and Vessel Finance
  • View Peter Leibundgut's Consulting Profile.
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