Banking - Banks (General) Expert Witnesses: 20

Education:

• Princeton, 1964 (B.A., Economics, with honors)
• NYU Business School, 1966 (MBA, Top of class)

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
• 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 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.

 View Consulting 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

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.

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.

Phillip G. Cantrell is a nationwide provider of Mortgage Consulting and Banking Expert Witness Services. 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:

Origination Fraud Predatory Lending Appraisal Issues Loan Qualifying Home Equity Lines of Credit Reverse Mortgages Disclosure / Compliance Underwriting

Secondary Marketing Fair Lending Title Closing Issues Loan Servicing HELOCs HAMP Loan Modifications Credit Reporting Issues / Damages Bankruptcy Foreclosure

"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

 View Phillip G. Cantrell's Consulting Profile.

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.

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. 

Assisted in over 30 cases

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

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

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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.

Areas of Expertise:

• Lender Liability
• Depository Standard of Care
• Lender Standard of Care
• Check Fraud and Scams
• Fidelity Bond Claim
• Failed Bank Analysis

View Mr. Finn's Consultant Profile.

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.

Areas of Expertise:

Economic Damages Personal Injury Wrongful Death Commercial, Contract Disputes, Competition Divorce Valuation

Statistical Evidence - Hypothesis Testing Wrongful Termination Contract Disputes Statistical Evidence-Regression Analysis

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 - 36 years experience in banking technology, 30 years experience in payments, 25 years experience with internet/online banking, 24 years experience in correspondent 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, Citizens Community Bank Valdosta GA, ArgosRisk, Minneappolis, MN, and softgiving Atlanta, GA.  Have experience as Sr. Operations Officer of a community bank with compliance and computer operations experience. Expert in Corespondent Banking. 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. Areas of Specialization:

Electronic Banking Virtual Banking Internet Banking Virtual Branch Correspondent Banking

Payments Automated Clearing House (ACH) Electronic Checks Wire Transfers Credit Card Transactions

View David Peterson's Consulting Profile.

Jay Hibert was in the Commercial Banking Industry for over 30 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 annd 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 100 times as an expert in 13 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
• Banking Operations/Administration
• Expert reports adherent to Federal Rule 26
• Hard Money Lending
• SBA Lending
• Loan Syndication/Secondary Market Loan Sales
• Title Insurance Cases
• Private Money Lending

*****Experienced in trial and deposition testimony*****

View Jay Hibert's Consulting Profile.

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

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"

Panorama Consulting Group specializes in Enterprise Resource Planning (ERP) Systems and has multiple testifying experts for failed software litigation. This high-profile firm is 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. 

Bill Baumann on Expert Witness Testimony

Listen to Panorama Consulting Group's podcast episode: What Would Your Failed Enterprise Software Implementation Say if it Could Talk?

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.

Allegations Addressed:

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 Errors in Customization Errors in Integration ERP Failure Operational Disruption or  Loss Related to the ERP System

View Panorama Consulting Group's Consulting Profile.