Banking / Custody Banking (Custodian Banks) Expert Witnesses

John W. Valentine is an attorney with more than 40 years of experience – over 30 of which are in Custody Banking, ERISA Fiduciary, Benefits and Asset Servicing work. He has served as an expert witness in global custody and asset servicing matters for private litigants as well as the SEC, and is available for either plaintiffs or defendants.

Prior to starting Valentine Law in 2009, 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 experience is unique. His insider knowledge of procedures and operations is invaluable in analyzing investment losses involving bank custody or service provider negligence. He can help draft strong Complaints that will survive attack, as well as effective Answers and Counter-Claims. Because he knows internal structures and operations, he can also help conduct more effective discovery –in demanding and analyzing key materials -- as well as identifying issues which might otherwise be missed -- to develop a winning strategy.

His reports and opinions are authoritative and persuasive.

Areas of Expertise:

• Directed Trustee and Custodial Agreements, Duties and Operations
• Best Practices for Pension Funds, Mutual Funds, Endowments / Foundations, Corporate Assets, Hedge Funds
• Trade Settlement Operations
• Settlement, Custody and Documentation of Non-Traditional Investments, including Limited Partnerships, LLCs, GICs / GACs, Group Trusts, and Hedge Funds
• Derivatives Processing, Reporting and Documentation for both bi-lateral and exchange-traded derivatives
• Collateral and Account Control Agreements and Duties
• Foreign Exchange, including ERISA Exemption Procedures
• Valuation of Assets, including hard-to-value assets
• Selection, Oversight, and Management of Sub-Custodians
• Foreign Tax Reclaim Administration
• Corporate Actions
• Proxy Voting
• Company Stock
• Collective Investment Funds, including STIFs
• Luxembourg and Irish Fund Administration
• Bank Deposit Vehicles
• Overdraft Facilities
• Risk and Compliance Department Function / Risk Mitigation / Risk Controls
• Mutual Fund Back-Office, Accounting and Administration
• Rules 17f-5 and 7 for foreign custody of US Mutual Fund assets
• The Custody Rule applicable to Investment Managers
• ERISA plan asset issues
• ERISA foreign asset custody rules
• ERISA prohibited transactions

View John Valentine's Consulting Profile.

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.

CONSULTANT / EXPERT WITNESS /TRUSTEE

Ability to help through experience in banking and investing: loans, deposits, administration, collection, leadership, liability, conflicts of interest and documentation. Experience as a Trustee for Trusts and Foundations. Track record of helping entrepreneurs with growth. Strong capabilities testifying in court on legal matters.

SKILL SUMMARY

Background in community banking and entrepreneurship. Outstanding ability to communicate and explain procedures and concepts in understandable terms. Engineering education. Entrepreneur skilled in training staff in exceptional client service and relationship management. High energy professional known for intelligence, action, and integrity. Trusted adviser to bankers and business owners.

CAREER HISTORY

Current – Principal of TABASFUNDING, Consultant, Trustee
TABASFUNDING 2000 – Present President and CEO
Successfully provide venture capital and business funding for entrepreneurs to acquire or expand businesses. Please see website www.TABASFUNDING..com for further information.
Trustee– currently serves as Trustee for 8 Trusts and Foundations. Administer all aspects of 5 Trusts and a Foundation through my office.
Consultant- Provide banking consultation; business consultation, expert witness consultation.
Philadelphia Philadelphia University 1998 – 2013
Executive in Residence and Adjunct Professor of Banking and Finance
Royal Bank of Pennsylvania, 1980 – 1999, President
Riverfront Restaurant and Dinner Theatre 1975-1980 Executive Vice President and Principal
Lincoln National Bank 1972-1979 Staff Positions, Assistant Manager, Manager, VP Started as a trainee and finished last position as Vice President

REFERENCES

Frederick C Peters, II, Former CEO of Bryn Mawr Trust, currently Principal of Blue Stone Capital Management, 610 337 6500, tpeters@bluestonecm.com
Allen L. Rothenberg, Esq., 215 732 7000, allen@injurylawyer.com
Gregory S. Barsh, Esq., Executive Coach, Speaker and Consultant, 610-745-4734, gregorybarsh@gmail.com
Pamela Delissio, State Representative 194th District, 215 482 8726, pdelissio@pahouse.net

John B. Schnure, President of Cambria Associates, has 40 years of experience in Banking, Bank Management, Lending, Loan Review Due Diligence, and Commercial Real Estate. He has worked with Cambria Associates for over 25 years and has worked with over 100 banks as clients over the years.

Background - Mr. Schnure holds an MBA from Columbia University with majors in International Business and Real Estate, and a BBA from University of Cincinnati with a major in Finance. He has post-graduate study at Dartmouth College and University of Virginia Business Schools. Mr. Schnure has been President and CEO of three Chicago area banks/thrifts, and prior to that was Vice President of The Northern Trust Company in commercial lending and management.

Litigation Support - John B. Schnure has successfully completed 15 expert witness engagements in the last 3 years in banking, lending, and/or real estate. The clients he represented prevailed in each case. His expertise is available to counsel representing both debtors and creditors.

Areas of Expertise:

Bank Fraud Banking Negligence Due Diligence Loan Policies Banking / Regulatory Practice Violations Underwriting Closings Servicing Loan Review / Administration Regulatory Repair

Role of Auditors Insider Transactions Workouts Bankruptcy Fiduciary Duties Landlord / Tenant Disputes Check Kiting Lender Liability Loan Document Compliance Commercial Real Estate Lending

View Cambria Associates' Consulting Profile.