Banking / Lender Liability Consultants: 13

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
• Derivatives
• Securities Law and Corporate Finance
• Loans and Credit Facilities
• Due Diligence

Leon Royer has over 40 years of Banking experience, 30 years of which were in executive management positions in banks ranging in size from community banks to multi-billion dollar, multi-state banking organizations.

Please see his attached CV for a detailed description of his activities which span virtually all areas of Lending and Bank Management.

Litigation Support - As an Executive responsible for all phases of Lending, Lending Disciplines, and Credit Assessment, Mr. Royer has special expertise in determining Borrower Creditworthiness.  In addition, he possesses a keen interest in assessing the appropriateness of Lender Behavior. He has outstanding references upon request.

Robin Byrant has over 30 years of experience in the Banking Industry. Mr. Bryant started his career in a retail bank, followed by three investment banks and an international bank. His experience also includes the activities and procedures of non-banks such as building societies and centralised lenders. In two of the banks in which he worked he devised systems and procedure manuals and wrote the lending policy for one of the banks.

Mr. Bryant has been providing advice and banking expert witness evidence in respect of disputes involving banks and other lenders for nearly twenty years. Most of the cases have been in the English High Court but he has also provided evidence for courts in overseas jurisdictions. Advice and evidence has been provided for and on behalf of banks and other lenders or for those opposing them. The majority of the work has been in connection with professional negligence where allegations of a bank’s contributory negligence are raised.

Mr. Bryant is a member of the Academy of Experts and a founding member of the Expert Witness Institute, where he was a member of the Blom-Cooper working party drawing up guidelines for experts. He has acted in over 250 cases and been cross examined 14 times.

Areas of Expertise:

• Banking practice and operations
• Retail banks, Building Societies and Centralised Lenders
• Corporate lending
• Property / Real Estate sector lending
• Personal lending
• Residential loans
• Buy to Let loans
• Commercial loans
• Investment / merchant banking
• International banking
• Trade Finance
• Loan documentation
• Lending manuals
• Credit analysis
• Debt recovery

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. Over the past 7 years he has been retained in over 95 cases in 33 different states. 

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"

Pat McElroy, Jr. has more than 40 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

Litigation
When a case is not to the point where an expert needs to be designated, clients and attorneys often benefit from consulting with an expert in order to gain a better understanding of the strengths and weaknesses of their case. Our firm offers services in these early stages, allowing the attorney to consider key questions, such as whether or not the case has enough value for litigating, potential settlement value, and often times forming the framework for discovery requests. With our in-depth experience in banking and real estate, we have been able to help our clients identify key issues to investigate in a deposition, consider different complexities of a case, and assist in fact development by suggesting documents or information to request. When we work in this consulting capacity, our communication is covered by the attorney-client privilege, so our clients and attorneys are free to discuss trial strategy without the worry of discoverability. This has allowed us to add value by performing preliminary analyses to assess the viability of different strategic directions for the case.

Bank Negotiation
Situations may arise where you could benefit from the knowledge and experience of an unbiased party in a financial situation. Whether you need help negotiating a short sale on your commercial property, working with the SBA, or renegotiating an operating line of credit with your bank, we can help. Our many years in the banking industry have given us the knowledge and contacts necessary to help you through the transaction. For these situations that require a greater depth of experience than you may have on staff, JBH Real Estate Experts can do the job on a project basis.

Real Estate Brokerage

Jay Hibert is a licensed Real Estate Broker CA BRE #01523075 . He is happy to assist your existing broker, or he can represent you in a transaction. Jay's expertise is in negotiating transactions between buyer and seller, identifying purchase opportunities for 1031 exchange, contract review, and arranging financing.

View Jay Hibert's Expert Witness Profile.

Financial Management Consulting Group is an affiliation of well-experienced consultants serving banking interests throughout the country. Our years of experience, as bankers, as bank consultants, and as regulators provide valuable insight into case matters. We can assist both from the industry perspective and from the regulatory perspective, offering a comprehensive assessment and well supported opinion. We have qualified as experts in numerous State and Federal jurisdictions, and on numerous banking related matters. We are dedicated to providing clients with quality, results-oriented service.

Investment Banking:

• Stock Valuations
• Bank Mergers & Acquisitions
• Branch Acquisitions

Consulting Services:

• Strategic Planning
• Profit Enhancement
• Equity Management
• De Novo Assistance

Corporate Retreats

• Facilitated Strategic Planning
• Executive Management Retreats
• Director Retreats

View Mr. Finn's Expert Witness Profile.

Danny F. Dukes and Associates, LLC is a Forensic Accounting Firm that specializes in expert witness and litigation support services. We have investigated fraud and various financial transactions. We are extremely knowledgeable in all aspects of laws pertaining to financial transactions and lending transactions.

Our founder, Danny F. Dukes, has spent over 30 years in the financial institutions and mortgage industry. Danny understands all aspects of mortgage and financial institution transactions.

As a consultant, he has assisted community banks with investment management, asset liability management, investment banking, compliance issues, internal audit, bank operations, bank policies, and generally accepted accounting principles. He has assisted in a capital raise for de-novo banks. He has also served as a lead on the selection of data processing solutions and transition teams for mergers and acquisitions. 

Areas of Expertise:

Bank Fraud & Embezzlement Bank Operations & Practices Cash Management Check Processing / Check 21 Check Kiting Deposit Accounts Electronic Transactions / ACH, ATMs Embezzlement

Loan Administration Money Laundering Payment Processing & Fraud Detection/Prevention Royalty Audits Damage Computation Claims Analysis Determination of Compliance Divorce

Cambria Associates has provided consulting services to the Banking, Finance, and Real Estate industries for more than 24 years. Serving more than 100 clients over the years, and currently working with 30 banks, thrifts and credit unions with assets ranging from $100 million to $12 billion, Cambria Associates operates primarily in the Chicago area, but also in New York, California, Florida, Wisconsin and Iowa.

Cambria Associates focuses primarily on asset and loan review for its clients, with watch-list credits, analysis of risk ratings, quality of documentation and administration, adherence to policies, and monitoring and recommendations. Their partial client list includes Banco Popular NA, Glenview State Bank, Charter National Bank, Tuscola National Bank, Buffalo Savings Bank, Blackhawk Community Credit Union, Hawthorne Credit Union, Devon Bank, THE National Bank, Farmers & Merchants Bank and Trust, Foster Bank, Western Springs National Bank, and High Country Bank.

Banking Industry Services

Loan Review Loan Workout Policy Review Bank Acquisitions Due Diligence

Commercial Lending Real Estate Lending Regulatory Response / Repair Banking Litigation Support

Principal, 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.

View John B. Schnure's Expert Witness Profile.

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.

Bank Resources and Solutions is an executive management consulting group that has provided Financial, Operations, and Regulatory / Compliance consulting services nationwide to financial institutions, attorneys, and regulatory authorities since 2008. Their services include:

Executive Management & Strategic Planning:

• Directors’ and Officers’ Corporate Governance
• Standards of Care, Actions, and Negligence
• Industry Standards, Management Practices, and Procedures
• Strategic Planning and Implementation
• De novo Start-ups; Board and Executive Staff Selection, Obtaining Regulatory Approval, and Capital Campaigns

Bank Operations and Administration:

• Development and Implementation of Effective and Compliant Policies and Procedures
• Internal Bank Control Reviews
• Forensic Accounting, Detection of Money Laundering, Bank Fraud, and Embezzlement
• Human Resources; Employment, Training, and Compensation

Lending:

• Unique Perspective from CEO level from Policy Approval Through Underwriting, Approval, Review, Administration, and Collections
• Bank Regulations, Industry Standards, Credit Policy Issues, and Best Practices
• Real Estate Appraisals, Title Insurance, Guarantees, and Lender Liability Issues, including Negligence, Forensic Accounting, Troubled Debt Restructuring, Other Workout Strategies, and Administration

Mark C. Riley is an experienced and successful former Bank Chief Executive Officer whose background includes leading the turnaround of two banks that had been operating under regulatory agreements upon arrival. Mr. Riley’s relevant experience was overseeing all areas of his banks including the development, approval, and implementation of effective risk management programs. For example, as CEO, Mr. Riley was involved in all phases of lending from business development to credit analysis and underwriting to overseeing loan approval and review process, providing due diligence of client bank loan portfolios, developing and overseeing workouts of nonperforming loans.

Susan E. C. Riley is an experienced Senior Officer whose background includes the total responsibility for creating and managing the enterprise-wide systems of two denovo banks. Her relevant experience also includes creating and managing the Human Resources Department, Compliance, IT and IT Security, BSA/AML, ACH, Vendor Management, and related contract negotiations and Retail Bank Management. As co-founder, Mrs. Riley has analyzed, recommended, and implemented complex banking software within tight guidelines. She has established a solid reputation as a “no-nonsense, identify the challenges, develop effective strategies and get the solutions in place” administrator.

View Bank Resources and Solutions' Expert Witness Profile.

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 40 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
• Loan 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

William H. Purcell has over 40 years of experience in Investment Banking, Mergers and Acquisitions, and other Finance Issues. He is currently a Senior Director at Seale & Associates, a boutique investment bank with both U.S. and foreign clients. Seale is focused on Mergers and Acquisitions, Corporate Finance Advisory, and Strategy Consulting. Mr. Purcell's past client coverage includes such companies as Anheuser-Busch, Hoechst Celanese, Volkswagen, and Metropolitan Life to name a few. He was also appointed CEO of a publicly traded company going through bankruptcy proceedings. Additionally, Mr. Purcell has been a director on several corporate boards.

Through his relationship with Seale & Associates, Mr. Purcell has affiliations with professors at The George Washington University Business School and the University of Virginia Business School. He has been an occasional guest lecturer in investment banking and finance at George Washington University and Monmouth University.

Consulting Services Include

• Mergers and Acquisitions - LBOS and Recapitalizations
• Fairness Opinions
• Adequacy Opinions
• Solvency Opinions
• Valuations
• Damage Issues
• Fiduciary Issues
• Advice to Special Committees of Boards and Trustees
• Due Diligence and Disclosure Issues
• Financing of debt and Equity - Public and Private
• Leasing and Real Estate Financing

View Expert Witness Profile.