Expertise: Mr. Purcell has over 50 years of experience in every area of investment banking including the following:
Mergers & Acquisitions
Leveraged Buyouts and Recapitalizations
Fairness Opinions and Fairness Issues
Bankruptcy issues, including fraudulent conveyance
Advice to Special Committees of Boards
Due Diligence and Disclosure Issues
Damage issues and analysis
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)
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 200 cases with over 180 Law Firms, including cases for the SEC, IRS and the DOJ. Has testified in court trials and arbitration trials over 40 times. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.
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.
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
Federal and State Regulation
Credit and Collection Practices
Loan Policy and Guidelines
Loan and Credit Review
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.
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.
Phillip G. Cantrell is a nationwide provider of Mortgage Consulting and Banking Expert WitnessServices. He has 45 years of experience in his field. Mr. Cantrell is a former advisor for the Federal National Mortgage Association (FNMA) and has done work for the FHLMC. He consults with State and federal agencies and possesses in-depth knowledge in all areas of operations of the mortgage industry.
Litigation Support- Mr. Cantrell has been providing services to the legal industry for over 15 years. With a strong record of accomplishments with superior results, he has the ability to relate to clients and their needs.
Mr. Cantrell represents both Plaintiffs and Defendants. Retained as an expert witness over 40 times, he has rendered opinions on cases involving mortgage fraud, closing and title issues, appraisal issues, compliance, servicing, HAMP loan modifications, and secondary marketing.
Click the following link for cases in which Mr. Cantrell has been named and designated as an Expert Witness, representing both Plaintiffs and Defendants in different capacities: Designated Expert Witness Case List.
Areas of Expertise:
Home Equity Lines of Credit
Disclosure / Compliance
Title Closing Issues
HAMP Loan Modifications
Credit Reporting Issues / Damages
"Phil has extensive knowledge in all aspects of the mortgage lending industry. His ability to dissect the financial terms and conditions of a particular loan transaction or product was an invaluable resource in terms of understanding the transaction and allowing the lawyers to formulate the appropriate claims to pursue. " - George W. Walker: Pope, McClamry, Kilpatrick, Morrison & Norwood, LLP
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
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.
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 banks, 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 including policies and best practices.
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.
David D. Gibbons has 45 years of experience in Banking, Risk Evaluation and Risk Management, and Bank Regulation. He is widely recognized as an accomplished financial services executive with unique perspectives as a Former Chief Risk Officer HSBC, former Senior Bank Regulator (both policy and supervision), Chief Risk Officer, Deputy Comptroller for Credit Risk and Troubled Banks at Office of the Comptroller of the Currency, and Banking Consultant (shadow regulator).
Litigation Support - Mr. Gibbons provides expert consulting and expert testifying services to the financial services industry. He has participated in over 20 expert witness engagements in banking, bank regulation, credit and lending, and financial services. Mr. Gibbons is a trusted advisor to banks on regulatory, risk, and compliance matters, particularly troubled banks. He is effective both as an individual contributor or in team leadership role.
Areas of Expertise:
Banking Compliance Risk
Banking Regulation and Enforcement
Troubled Institution Identification / Remediation
Enterprise Risk Management
Commercial and Retail Credit
Lending and Credit Risk Evaluation / Risk Management
Board Governance and Oversight
Director and Officer Insurance Disputes
Unfair, Abusive, and Deceptive Practices
FDIC Loss Sharing Disputes
Liquidity / Capital Adequacy
Honors / Awards - Mr. Gibbons has been honored with the following awards for his service in the field of Banking / Finance:
Hugh McCulloch Award
U.S. Department of the Treasury Special Act Awards
U.S. Department of the Treasury Silver Eagle Awards
U.S Department of the Treasury, Office of the Comptroller of the Currency
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
Scott D. Gilbert, PhD, has over 20 years of experience specializing in Economics and Statistics. He is an academic research economist, financial expert, and statistician, with banking sector experience.
Dr. Gilbert received his PhD degree in economics in the year 1996, and before that worked as an economics research associate at the nation's central bank on the west coast, the Federal Reserve Bank of San Francisco. He serves as associate editor of The American Statistician, and his academic research has been published in high-quality peer-reviewed journals in the fields of Economics, Statistics, and Finance. He also has 25 years of teaching experience in economics and statistics, at University of California San Diego, Claremont Graduate School, University of Mississippi, Southern Illinois University, and Webster University.
Dr. Gilbert is a Member and Board member of AAEFE (American Academy of Economic and Financial Experts), a member of the NAFE (National Association of Forensic Economics), the AEA (American Economics Association), the National Bar Association, and the CPDE (Collegium of Pecuniary Damage Experts).
Litigation Support - Dr. Gilbert provides expert witness and litigation support services on economic matters in tort and contract law, via the consulting firm Gilbert Economics. Since 1998, he has served as an economics expert on a range of legal matters, in cases filed in Illinois, Indiana, Missouri, Kentucky, and Mississippi. As an expert witness he serves all Midwest states, and does not charge clients for travel time or expenses in the states of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Missouri, Minnesota, Tennessee, or Wisconsin.
Dr. Gilbert uses his expertise in economics, statistics, and financial matters to assist both plaintiff and defense lawyers in tort and contract cases. As an academic and researcher, his approach to loss and damages estimation is modern and rigorous. Equally important for litigation matters, he knows that evidence documentation is key to developing useful expert opinions, and he assists attorneys in the discovery process. He also explains to lawyers weaknesses in opposing experts' views. His writing in this area has appeared in the Journal of the Missouri Bar Association, and more is (tentatively) forthcoming in the Illinois Bar Journal.
This book covers the subject of economic damages and its role in insurance claims and lawsuits against businesses. After reading and understanding this book, the reader will be able to identify economic damages as a component of business liability, describe the business risk posed by economic damages, explain the key determinants of economic damages, and estimate economic damages and business loss in a variety of cases.
David Peterson, is a well-recognized ebanking pioneer, with a national reputation as a subject matter expert in Financial Technologies and Electronic Payments. As expert witness - 39 years experience in banking technology, 36 years experience in payments, 29 years experience with internet/online banking, 27 years experience in correspondent banking.
Provides expert witness services in correspondent banking, payments and electronic banking. Founder of Goldleaf Technologies. Member National Speakers Assoc. Board member of PaymentsFirst (Regional Payments Association serving FIs in the Southeastern U.S.) Atlanta GA, ArgosRisk, Minneapolis, MN, and softgiving Atlanta, GA. Chief Innovation Officer of First National Bankers Bank Baton Rouge LA. Extremely qualified in electronic banking, payments and general banking operations. Self-motivated and will take necessary initiative for investigations, with direction from retaining counsel. Experience with expert reports, depositions and trial testimony.
Jay Hibert was in the Commercial Banking Industry for over 37 years before leaving to form his own company, a real estate lending and consulting company. The company provides services to banks, non-banks, and individuals in need of creative financing solutions. Still an ACTIVE lender in the industry, Jay stays updated on current customs and practices and has transacted hundreds of real estate and non-real estate loan negotiations in times of economic growth as well as downturns in the economy. His extensive credit background arms him with the understanding of how banks and other lenders operate internally.
Litigation Experience - Mr. Hibert has been providing expert witness and consulting services since 2010. He has been designated over 175 times as an expert in 17 different states concerning matters relating to commercial lending, real estate, construction finance, SBA loans, brokerage, hard money loan expert and investment issues. His experience includes both Federal and State court cases where he has provided deposition testimony, trial testimony and arbitration testimony.
Jay is a licensed Real Estate Broker (CalBRE #01523) and for 10 years his company was a California Finance Lender and Broker through the California Department of Business Oversight. He is experienced in trial and deposition testimony and his services are available to counsel representing both Plaintiff and Defense.
Key areas of expertise in litigation work include:
SBA Real Estate Loans
Hard Money Loans
Lending Policies, Custom and Practice/Lender Liability
Broker Standards of Care and Fiduciary Responsibility
Loan Underwriting and Credit Administration
Loan Process and Bank Loan Restructure/Workout Process
Note Valuations/Collateral Review
Litigation and Discovery Consulting
Expert reports adherent to Federal Rule 26
Hard Money Lending
Loan Syndication/Secondary Market Loan Sales
Title Insurance Cases
Private Money Lending
*****Experienced in trial and deposition testimony*****
Panorama Consulting Group specializes in Enterprise Resource Planning (ERP) Systems and has multiple testifying experts for failed software litigation. This high-profile firmis called upon to investigate the feasibility of litigation, provide software expert witness testimony, and build background reporting for some of the industry’s highest-profile software lawsuits. They have worked with organizations ranging from multi-national conglomerates to boutique and large law firms, as well as state offices of the Attorney General.
As independent enterprise software experts, Panorama Consulting Group has hands-on experience with hundreds of software vendors. Their firm is not tied to a single law firm or software vendor, allowing them to focus on all types of clients and industries.
Litigation Support: The experts at Panorama Consulting Group work for both plaintiffs and defendants, software vendors and system integrators, and their customers. Their differentiator is using a team-based approach to provide expertise beyond just the testifying expert, which is cost-effective and efficient for their clients. They have multiple software expert witnesses available for provision of reports, depositions, and testimonies.
Fraud and Misrepresentation
Breach of Contract
“Off-the-shelf” Software Capability Misrepresentation and Claims
Undefined Roles / Poorly Executed Responsibilities (Internal project team, VAR, ERP vendor, ERP consultant, or system integrator)
Lack of Skills and Competencies
Poor Project Management
Poor Benefits Realization
Poor Implementation Planning, Resourcing and Budgeting
Panorama’s Expert Witness team was retained to provide a forensic analysis and written report to the court regarding the failed implementation of a major software developer’s ERP/payroll system. The goal of the implementation was to allow for the generation of accurate and traceable employee payrolls for a large governmental entity.
Greg Litster has over 18 years of experience in the Banking Industry specializing in Check Fraud Prevention, High-Security Checks, and Expert Witness Services. With his vast knowledge and expertise in the area of fraud, garnered from his experience in developing safeguards against it, Mr. Litster is well-equipped to provide Expert Witness services to organizations and attorneys for both Plaintiff and Defense. He has been retained for matters including:
CHECK FRAUD - EMBEZZLEMENT - CYBER CRIME
Background: As a Senior Vice President and head of his bank’s Financial Services Division, Mr. Litster was charged with responding to a 1990s epidemic rise in fraudulent checks hitting his bank's corporate customers’ accounts. He established stronger internal controls and helped create fraud prevention products, including a completely new type of check called the SAFECheck. Mr. Litster organized the SAFEChecks Division within the bank and over the next three years, fraud losses and attempts dropped by 95%.
Mr. Litster acquired the SAFEChecks Division from the bank in 1997. SAFEChecks continues to be America’s leader in check fraud prevention. SAFEChecks offers many styles of high security business and personal checks, Positive Pay software, secure check writing software, envelopes, toner, and pressure seal equipment.
Expert Witness Case Samples:
Deluxe Corporation v. St. Paul Fire and Marine Insurance Company;
Experi-Metal, Inc. v. Comerica Bank;
First National Bank of Colorado v. Robert W. Baird & Co.