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Private Equity 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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    Alistair Hynd
    5 Old Bailey
    London EC4M 7AF
    phone: 44-207-0028732
    fax: 44-207-0028895
    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
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    Dr. Karina Sneiderova, MBA, ICFA, ASI
    Vice President
    Rue General Dufour 22
    Geneva CH-1211
    phone: 41-225-752-948
    fax: 41-225-948-025
    Carlo Scevola & Partners is an International Fiduciary Company headquartered in Geneva, Switzerland, with branches in six continents. We specialize in International Planning, Strategic Consulting and Wealth Management.

    Our clients trust us for everything from setting up an Offshore Company to Mergers and Acquisitions to Business Finance and Asset Protection. CS&P’s customer-centric methodology ensures that each client gets a custom-tailored solution which addresses that business’ individual objectives and requirements.

    Our team has expertise in every functional category and every important geography. From finance to operations to human resources to marketing – from the Americas to Europe to Africa, Asia and Oceania – CS&P can bring together experienced executives who know how to advise you and will make your enterprise a success. All this while always protecting your privacy.

    Services Offered:

    Business and Strategic Consulting
  • S.W.O.T. Analysis
  • Pre-investment Feasibility Studies / Competitive Background Assessments
  • Business Plan Research, Writing and Production
  • Strategy Definition / Implementation
  • Reworking of Operating Processes for International Suitability
  • Industrial Partnership Scouting / Matching
  • Tailor Business Model to Market Environment, Jurisdiction and Local Authorities Requirements

    Corporate Finance:
  • Mergers, Acquisitions and CessionsCommercial Due Diligence or Investment / Financial Appraisals
  • Company Reorganization and Restructuring
  • Financial Feasibility Plans for Industrial Expansion
  • Scouting / Recruiting Highly Qualified Financial Management
  • Exit Strategies in the event of Buy-outs, Buy-ins, Spin-offs or MBOs, MBIs and LBOs
  • Listing on Stock Exchanges

    Offshore Consulting:
  • International Tax Planning
  • Corporate Structuring, Maintenance and Trusts
  • International Contracts Law
  • Jurisdictions
  • Residency and Citizenship
  • International Banking
  • Logistic Support
  • Government Licenses
  • Aircrafts and Vessels
  • Intellectual Property

    CS&P Operates In More Than 80 Countries Around The World.

  • Carlo Scevola and Karina Sneiderova
    Intended as a unique source of inspiration for effective business organization and tax planning, as well as a quick and easy reference book, the Offshore Jurisdictions Guide is a comprehensive and objective guide to offshore jurisdictions offering personal taxation and business opportunities. Providing a solid overview of 100 jurisdictions around the world, this is an essential handbook for financial experts, legal advisors, consultants, and the general public.
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    Douglas Minor
    2625 Townsgate Rd. Suite 330
    Westlake Village CA 91361
    phone: 805-267-1118
    fax: 805-299-4980
    As Author of Anatomy of Credit Scores and Founder / President of Easy Credit Relief, Inc., Douglas Minor focuses on helping and teaching people how to understand the credit system. Showing them the best ways to use credit and maximize their score.

    Doug has spent the last 25 years reviewing personal credit reports and financial profiles of individuals. He has happily been quoted and interviewed for articles appearing in, Yahoo! Finance, and Entrepreneur Magazine.

    During this time he has enjoyed answering thousands of questions regarding credit scores and the information contained in credit reports.

    Having a pragmatic disposition as well a broad base of experience in business he has the unique knowledge and academics to assess damages. He has performed training classes to audiences of all levels of sophistication including Professional Groups, Lenders, CEO’s, and Consumers. As a respected Expert in Credit Related Damages, Credit Reporting, and Scoring he serves as a litigation consultant / expert witness for those involved in credit damages litigation.
    Doug Minor
    This book is for professionals and consumers alike. In this comprehensive how-to guide and easy to follow references, provides in-depth coverage of the credit reporting, repairing and scoring system. This is an eye opening journey into one of the most misunderstood yet needed topics of today.
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    Daniel Reser
    369-B Third Street, #543
    San Rafael CA 94901
    phone: 415-482-9513
    Daniel Reser is a trusted Fiduciary and Registered Investment Advisor. Prior to his role at Fiduciary Services, Inc., he served as Vice President and Manager for Wilmington Trust based in Santa Monica, CA, also of Bank of America, and Security Pacific Bank. Mr. Reser also has a JD from Southern Methodist University. In 1989, he graduated from the UCLA John Anderson Graduate School of Management Executive Program.

    Mr. Reser is considered a highly effective and capable trust fiduciary due to his legal training, his extensive experience as a fiduciary for corporate reorganizations and retirement plans as well as his reputation for ethical business practices and pragmatic management style. He has been a corporate fiduciary for corporate securities and reorganization transactions as well as trustee and custodian of retirement plans for over 25 years. During his career, Mr. Reser has administered and managed a wide variety of Governmental, Corporate and Union Retirement Plans as plan trustee. His current role as principal of an investment advisory firm includes acting as Fiduciary for Company Stock in Retirement Plans including ESOPs.

    Areas of Expertise:
    • Leveraged and Unleveraged ESOP Transactions
    • Acquisitions and Sales of Employer Stock by Company Retirement plans
    • Company Stock in Other Qualified Plans
    • ERISA Sec. 404 (c) protection for Employer Stock
    • Pass-through Voting and Tender Offer Decision Making
    • Management and Divestiture of Shares
    • Satisfying Independent Fiduciary Requirement for Meeting Prohibited Transaction Exemption in Connection with Settlement of Litigation Per P.T. Exemption 2003-39 of 12-31-03
    • Orphan Plans
    • Rabbi trusts
    View 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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    Richard K. Hollowell
    Managing Shareholder
    Kealoha Corporation
    1550 Bayside Drive, Suite 3
    Corona Del Mar CA 92625
    phone: 213-631-6116
    fax: 949-720-8169
    Richard K. Hollowell is a real estate and finance expert who specializes in Real Estate Finance, Development, Loan Workouts, Asset Management, Bankruptcy, Foreclosure, Receivership, Valuation and Property Acquisition.

    Mr. Hollowell has 45 years of experience as a key executive of major banks, real estate development firms, credit companies (G.E Capital), public accounting firms, and consulting firms including, Real Estate Recovery, the J.E. Robert Companies, and Alvarez & Marsal. His clients have included insurance companies, banks, pension funds, developers, law firms, real estate operating companies, and federal agencies including the FSLIC, RTC, and FDIC.

    Mr. Hollowell was one of five experts asked to speak before 20 of Federal Reserve Chairman Ben Bernanke's key people on August 12, 2008 at the inception of the systemic crash of the U.S. financial markets. Highly regarded by large banks, insurance companies, pension funds, federal regulatory agencies, and real estate companies holding large portfolios of assets. He is a widely recognized international speaker and published author.

    Litigation Support - Mr. Hollowell has over 1,000 hours of deposition testimony. His Rule 26 list includes 33 cases since 2003 and seven trial appearances in the past five years. His services are available to counsel representing both Plaintiff and Defendant.

    Areas of Expertise:

    • Officers and Directors Professional Liability
    • Lender Liability
    • Loan Underwriting Standards
    • Loan Risk Ratings
    • ALLL Reserves
    • Reorganization Plan Feasibility
    • Establishment of “Cramdown” Interest Rates
    • Fraudulent Transfers / Preference Actions
    Real Estate:
    • General Partner Liability
    • Loan Restructurings
    • Breach of Fiduciary Duty
    • CMBS Special Servicing
    • Construction Delays
    • Acquisition Due Diligence
    • Valuation Disputes
    • Brokerage Disputes
    • Land Development Disputes
    • Portfolio Asset Management
    • Real Estate Development
    • Ground Leases
  • Structured Real Estate Transactions
  • Homeowner / Developer Disputes
  • Receivership Management
  • Quantum Meruit Assessment
  • Condominium Hotels
  • Timeshare / Fractionals/ Destination Resorts
  • Condominium Association Management
  • Public Purpose Tax Districts
  • Troubled Housing Developments
  • Damages Assessment and Rebuttal
  • Residential and Commercial Construction Loans
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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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    Craig Wolson
    Expert Witness and Consultant
    One Grand Central Place, 60 E. 42nd Street
    Suite 4600
    New York NY 10165
    phone: 203-858-4804
    Craig A. Wolson acts as a Structured Finance and Derivatives Expert Witness and Consultant. He specializes in cases involving credit default swaps (CDS), collateralized debt obligations (CDOs), mortgage-backed securities (MBS) and other types of derivatives and securities.

    Background Experience Includes:
  • Acting on behalf of 40,000 investors in $1.6 billion class action suit against bankrupt sponsor of special purpose issuer of notes secured by notes issued by CDO and credit default swaps with sponsor; acting on behalf of class led by two major pension funds against a major bank and numerous large underwriters involving mortgage-backed securities issued by several vehices established by the bank, and securities issued by the bank; acting on behalf of large investment bank defendant in arbitration proceeding brought by another large investment bank involving nine CDOS established by defendant; acting on behalf of large bank that had invested in now-worthless notes issued by SIV established by defendant banks; acting on behalf of large bank against another large bank that had sold the former CDOs and CDS.

    Areas of Expertise:
  • Securitizations - Collateralized debt obligations (CDOs); collateralized bond obligations (CBOs); collateralized loan obligations (CLOs); asset-backed commercial paper (ABCP) programs; structured investment vehicle (SIV) programs; securitized credit-linked notes, equipment leases, railroad license agreements, and auto loans; and obligations of certified capital companies
  • Derivatives - Credit default swaps (CDS)