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
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 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.
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.
Bank Resources and Solutions, a division of FIRSINC, 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. Litigation Consulting, Forensic Research and Expert Witness work are an important focus of our services. We have worked with attorneys and regulators on suits throughout the United States. Their work has included both plaintiff and defendant financial institutions, borrowers, depositors, vendors and regulators.
Areas of Litigation Support Expertise: Board of Direcotrs and Executive Management Administration, , Commercial, Residential and Consumer Lending, Bankruptcy Suits, Employee Criminal Actions / Bribery, Branch Operations, Bank Secrecy Act Policies / Procedures, Wire Transfers, New Account Fraud, Trust Account Fraud, Bank Negligence and Foreign Checks.
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. This is particularly important in Expert Witness support as Mr. Riley’s background will carry more weight than technical specialists such as Loan Officers. Using loan officers, analysts and even lending group managers can provide the technical side of lending (underwriting, documentation, recordation and related nuts and bolts). As a Bank CEO & Director with lending expertise, Mr. Riley can provide all of that, but more importantly to a lawsuit, is knowledge of Director Loan Committees and their response to weaknesses that occurred in the technical side and what actions did they take to ameliorate or exacerbate the problem. Mr. Riley has provided Expert Witness services, including consulting, reports, depositions and testimony, to attorneys representing the FDIC, banks, bank clients, and related companies.
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 of Bank Resources and Solutions, 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. Mrs. Riley has provided Expert Witness research and consultation in client v. bank and bank v. client related matters.
After over 34 years in bank management, including being Director, President and CEO of two banks, providing expert witness services to attorneys representing banks, bank customers, vendors and regulators has illuminated some fundamental certainties in U.S. financial services.
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.
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.
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.
Expert Witness Consulting Services, LLC (EWCS) provides a range of services to law firms, litigation trustees and others engaged in expert witness and related activities. We provide up-front assessment of cases, drafting assistance in writing the economic core of complaints; other consulting expert work; and testifying expert witness reports and testimony. As an affiliate of Gordian Group (one of the leading national restructuring investment banking firms), EWCS can tap Gordian's vast experience in litigation assignments, particularly relating to matters involving solvency, valuation, fairness and Board of Directors responsibilities. In addition, EWCS has built a nationwide cadre of other independent experts so that we can assist law firms and mediators in finding the right expert for each case.EWCS connects vetted and specialized expert witness professionals to law firms across the nation. With its incremental, litigation-experienced professional resources and national recognition within the legal community, EWCS’ mission is to work diligently with client law firms and mediators to provide exceptional work product in an efficient manner, starting with finding the right expert for each case.
As Experts and Consultants, the professionals at EWCS are able to provide clients and Boards of Directors with advice and guidance in structuring transactions appropriately, and in delivering financial opinions in connection with the same. They can reconstruct financial data through forensic analysis in order to explain how financial markets or decision makers may have made decisions. When it comes to evaluating the performance of boards, management teams, and financial institutions, the experts at EWCS are well-positioned to have a credible point of view, given their experience in cleaning up the aftermath of corporate disasters and fraud up close. The EWCS professionals have substantial experience in most industries, including but not limited to aerospace and defense; consumer goods; electronic technology; finance and insurance; food and beverages; heavy industry and manufacturing; life sciences; metals & mining; oil & gas and energy; real estate and hospitality; and retail and apparel. Their experts have done transactions within these segments, and use their “real world” experience in approaching projects.
Areas of Expertise:
International Business (particularly in Asia)
Intellectual Property / Patents
Real Estate Market Feasibility
Kelly T. Hickel, Co-founder at EWCS, is a Financial and Business Advisor who has served as a senior executive for over 30 years. Mr. Hickel has many years of experience in the technology industry and with turnarounds of troubled companies. Throughout his career, he has arranged numerous private and public company financings and financial restructurings and has raised and/or returned over a $1 billion to investors and lenders. Mr. Hickel served as Turn-around President to Miniscribe Corp., a troubled Fortune 500, $600 million annual revenue disk drive manufacturer, and President of the Maxwell Technology Information Systems Group from 1993 until 1997, during which, Maxwell was the 9th best performing stock on NASDAQ and the #1 performing stock in California in 1996. As Chairman and Chief Restructuring Office of The Tyree Company in Farmingdale, New York, Mr. Hickel was responsible for running the largest oil downstream services company in the northeast. With all of his experience, he then founded and managed emerging Pharmaceutical companies, taking a product through FDA approval for a supplement through distribution in over 2000 retail pharmacy outlets. Beltway Catalyst recently interviewed Kelly T. Hickel for their Thought Leader Spotlight. Check out the podcast here: https://lnkd.in/gPg23ue
Jim Timmins, ASA BV/IA, MAFF, CEP, is the Managing Director and heads the valuation, litigation, and advisory services practices at Teknos. He has worked in Silicon Valley for more than 35 years, as a Valuation expert, a Venture Capitalist, and an Investment Banker. Mr. Timmins has overseen 1,000s of valuations, fairness opinions, and solvency opinions in connection with financial reporting, tax compliance, merger and acquisition transactions, financings, spin-offs, and recapitalizations, and litigation. He has also participated in numerous merger and acquisition transactions, private placements, and public offerings during his career. Prior to forming Teknos, Mr. Timmins was a Managing Director at Pagemill Partners, where he created and managed the valuation practice. Before that he was the Managing Director of the Silicon Valley office of NIF Ventures (the venture capital arm of Daiwa Securities SMBC of Japan), and a General Partner of Glenwood Ventures and Glenwood Capital. Earlier in his career, he held positions in investment banking at Hambrecht & Quist and Salomon Brothers. Mr. Timmins has served as an expert witness for more than 60 cases involving valuation, fiduciary duty, and venture capital practice. He has been retained as an expert by both plaintiffs and defendants.
Paul S. Black, President of Paul S. Black & Assoc., Inc. has more than 35 years of experience as a Real Estate Market Feasibility Analyst, including multiple types of residential, office, retail, industrial and mixed-use properties. Mr. Black has been employed by local and international accounting firms in their real estate consulting groups as well as local and regional consulting companies. For 20 years, Mr. Black has served as a lecturer/adjunct professor teaching Real Estate Principles and Practices as well as Real Estate Market Analysis at the graduate (MBA) and undergraduate levels. Areas of Expertise: Economic Damages, Construction Defects / Delay Damages, Lost Revenue / Profits, Unjust Enrichment, Due Diligence, Commission Disputes, Procuring Cause, Real Estate Brokerage, Broker/Realtor Standard of Care, Code of Ethics – National Association of Realtors (NAR), Real Estate Disputes, Fraud / Misrepresentation, Insurance Defense, Eminent Domain, Market Feasibility / Evaluation.
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
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.
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 - 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:
James B. (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 90 times as an expert in 12 different states concerning matters relating to commercial lending, real estate, construction finance, SBA lending, brokerage, hard money lending 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 Lending
Hard Money Lending
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
Loan Syndication/Secondary Market Loan Sales
Title Insurance Cases
Private Money Lending
*****Experienced in trial and deposition testimony*****
John A. Rodgers, III, Esq., principal of John Rodgers & Associates, has over 40 years of experience in various positions in the field of Trusts and Estates. For more than 15 years, he has been providing fiduciary litigation consulting, dispute resolution, and expert witness services for cases involving:
Trusts - Estates - Investment Management
He is a graduate of Cornell University, The University of Virginia School of Law, a memberof the Illinois Bar, the North Carolina Bar Association, and has held FINRA Scurities Licenses Series 7,24 and 63
Litigation Support: Having worked for such companies as U.S. Trust Company, Wachovia, and Prudential Securities, Mr. Rodgers' expertise in the banking, trust, and investment industry give him a unique perspective and credibility in a court of law (see Blog Entries & Recent Cases). He also managed a regional bank trust department for 10 years requiring close familiarity with the Office of the Comptroller of the Currency (OCC) Regulation 9 concerning regulatory compliance and audit operational issues.
Qualified as a testifying expert under the Frye Test, Daubert Standard, and Federal Rules of Evidence Rule 702, Mr. Rodgers has worked with more than 90 law firms in 22 states with about 60% of his activities focused on plaintiff beneficiaries of trusts and 40% on defendant trustees, primarily corporate fiduciaries, in both federal and state courts. His services include thorough examination and reporting, the development of damage models, deposition, and trial testimony as needed. Mr. Rodgers is also available via Skype for trials and depositions.
Areas of Expertise:
Breach of Fiduciary Duty by a Trustee
Breach of Trust by a Trustee
Appropriateness of the Trust Investments?
Trust Administered according to its Terms?
Beneficiaries Treated Fairly in a Split Interest Trust?
A trust relationship brings with it 5 fundamental duties: 1) duty to be generally prudent, 2) duty to act and carry out the terms of the trust, 3) duty to be loyal to the trust – honesty and good faith, 4) duty to give personal attention to the trust, 5) duty to account to the beneficiaries.
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.