Banking - Banks (General) Expert Witnesses: 14

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: William H. Purcell has been an Investment Banker for over 50 years. He 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. Mr. Pucell has been a Senior Advisor and Director of Seale & Associates since 2001, an investment bank in the Washington DC area. 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.

Coleman & Horowitt, LLP is a Civil Litigation and Transactions Firm. It provides a wide variety of services to businesses and individuals through its two departments. By concentrating in these areas, members of the firm have become exceptionally proficient in dealing with all phases of preventive law, litigation, alternative dispute resolution and the negotiation and preparation of documentation to meet the needs of today's businesses. The firm has a varied client base ranging from small family operations to large, publicly traded corporations.

Darryl Horowitt, Esq. has conducted all phases of litigation in the areas of Banking, Business Disputes, Securities Fraud (class action and individual), Construction, Real Estate, Environmental, Casualty Insurance Defense, Personal Injury and Commercial Collections, from initial client contact to settlement, mediation, arbitration and trial - court and jury (State and Federal Court) and administrative proceedings (before the United States Environmental Protection Agency, Department of Agriculture, National Labor Relations Board, California Department of Fair Housing and Employment, Worker's Compensation Appeals Board and Agricultural Labor Relations Board).

Mr. Horowitt has also assisted in transactions, including incorporation, purchase and sale agreements, secured and unsecured transactions, and employment contracts. In the field of alternative dispute resolution, he has served as an arbitrator (for the American Arbitration Association, NASD Regulation, Inc., Better Business Bureau Dispute Resolution Center, and the Fresno and Madera County Superior Courts), mediator (privately and for the Better Business Bureau Dispute Resolution Center), special master (for Judge James Ware, United States District Court, Northern District of California) and judge pro tem (Fresno County Courts).

Firm's Areas of Practice Include

Banking

Commercial Real Estate

Business

Casualty Insurance Defense

Construction Litigation and Transactions

Insurance Coverage

Environmental Law

Commercial Collections

Personal Injury Litigation

Alternative Dispute Resolution (mediation, arbitration and mini-trials)

Estate / Tax Planning

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:

1. International Tax Planning
2. Corporate Structuring, Maintenance and Trusts
3. International Contracts Law
4. Jurisdictions
5. Residency and Citizenship
6. International Banking
7. Logistic Support
8. Government Licenses
9. Aircrafts and Vessels
10. Intellectual Property 

CS&P Operates In More Than 80 Countries Around The World.

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 Banking Supervision 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 Contingency Planning Safety Soundness Management Effectiveness

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

View David D. Gibbons and Company's Business Consulting Profile.

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

View Consulting Profile.

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.

Areas of Specialization:

Electronic Banking Virtual Banking Internet Banking Virtual Branch Correspondent Banking

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

View David Peterson's Consulting Profile.

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
• 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.

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.

Areas of Expertise:

Bank Governance Commercial Credit Underwriting Real Estate Financing Collections Loan Workouts Regulatory Response Credit Review and Examination

Due Diligence Consent Orders Lender Liability Breach of Good Faith Wrongful Defaults Control and Interference Duress and Coercion.

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.

View SAFEChecks Consulting Profile.

Bruce Weiner is an Information and Internet Technology executive with over 30 years of in-depth experience managing product and software development for contracting companies and Fortune 100 companies. Since 2012, he has been a Technology leader at the Federal Reserve Bank of New York.

Mr. Weiner is a Princeton trained computer scientist and electrical engineer, and a patent holder. Over his career, he has gained extensive experience in Information Systems management, program/project management, software development, software architecture, internet delivery, business applications, technology vendor selection, IT Outsourcing, and customer contact center operations.

Litigation Consulting Services: Mr. Weiner has experience as a consulting and/or testifying expert witness in software development, patent infringement, and commercial litigation matters for both plaintiffs and defendants. He is adept at translating complex software, patent, and technology issues for the lay person audience. He consulted on industry transforming anti-trust cases in the travel industry.

Industry Experience:

• Travel Industry Technology - Former technology leader for American Express Travel and Chief Technology Officer of United.com;
• Loyalty Industry Technology - 30 years experience in the technology that powers loyalty programs, working on Membership Miles, Thank You Rewards, Mileage Plus, #1 Gold, eRewards, MyPoints, Blockbuster Rewards, and AAdvantage
• Financial Services Technology – 30 years experience working with Financial Services Companies (American Express, Citibank, and Chase) on credit card and banking technology.

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