Expertise: Mr. Purcell has over 40 years of experience in every area of investment banking including the following:
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.
Areas of Expertise Include:
Thomas J. McNulty, CQF, FRM, MBA, has 25 years of experience working across the entire Commodity and Energy Value Chain. Mr. McNulty draws on a rare combination of industry, banking, consulting, and government experience to provide his clients with transaction, commercial analytics, litigation, and valuation opinion services. He is a nationally recognized commodity and energy industry expert and is a frequent contributor on CNBC, Fox Business, and Bloomberg TV.
As an advisor, and in his corporate career, Mr. McNulty has delivered more than $52 billion in energy-related transactions, valuation, restructuring, and litigation projects. He has also advised on, or executed, $13 billion in M&A and principal investment deals, and executed or valued more than $14 billion notional in derivative instruments. As a merchant banker, Mr. McNulty helps management teams grow businesses through acquisitions. He provides introductions to private capital sources, including family offices, and advises clients on valuation, risk management, and transaction structuring issues.
Areas of Expertise:
Litigation Support: Mr. McNulty's oil, natural gas, and power experience across several critical disciplines, he also provides expert consulting and testifying services in support of complex commercial litigation, particularly when commodities, energy, M&A, derivative instruments, financial analysis, investment returns, shareholder disputes, hedging, damage assessments, and valuations are critical components of the case.
Background Experience - Mr. McNulty studied military and diplomatic history at Yale, where he was a varsity football letterman. Following graduation, he went to work on Wall Street with Brown Brothers Harriman and Co. (“BBH”), the nation’s oldest private bank. He was a Federal funds and Eurodollar trader, and also worked in the bank’s international treasury department. During his time with BBH, Mr. McNulty was selected for training in the elite US Foreign Service, and was commissioned a Foreign Service Officer in November 1990. Volunteering for critical threat postings, he served tours of duty in Southeast Asia and in Russia. He was also a Staff Officer at headquarters in Washington DC, where he worked on energy security issues. He left the Foreign Service to pursue his MBA at Northwestern University, where he studied Analytical Finance and Accounting.
Following business school, Mr. McNulty moved to Houston and worked with three Fortune 100 energy companies: Enron International, Duke Energy, and Plains All American. At all three companies he worked on the M&A teams and in Corporate Treasury. These roles involved transaction due diligence, strategic planning, corporate finance, risk management, and market analysis responsibilities. His career has also included substantial cross-border work in Asia, Europe, and in Latin America. His corporate experience, in particular, enhances his ability to advise clients with complex transactions, litigation, valuation, and business strategy challenges. More specifically, Mr. McNulty is an expert in treasury operations, post-merger integration, and value harvesting.
Bank Resources and Solutions is an executive management consulting group that has provided Financial, Operations, and Regulatory / Compliance consulting services nationwide to financial institutions, attorneys and regulatory authorities since 2008. 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 and regulators. Areas of Litigation Support Expertise: FDIC Suits, Non-FDIC Suits, Bankruptcy Suits, Employee Criminal Actions / Bribery, Branch Operations, Bank Secrecy Act Policies / Procedures, Wire Transfers, New Account Fraud, Trust Account Fraud, Bank Negligence, 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. View Bank Resources and Solutions' Consulting Profile.
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:
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.
James B. (Jay) Hibert has been an active lender in the Commercial Banking Industry for over 30 years. Prior to forming Market Street Financial Solutions, Mr. Hibert joined the founding team of a San Diego Business bank as a Senior Vice President, and one of the owners of the privately held banking company. During this time he formed and managed the Bank’s Real Estate Loan Department. He also managed the bank’s largest real estate portfolio and was instrumental in developing secondary market relationships for the bank. Still an ACTIVE lender in the industry, Jay 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 65 times as an expert in 7 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 (BRE) and his company is 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:
*****Experienced in trial and deposition testimony*****
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:
SEDA Experts is a boutique consulting firm specializing in Financial Services. They provide superior independent advice, data analytics, valuation, and expert testimony services to financial institutions and law firms in both litigation and business contexts.
Their experts have unmatched industry experience in a vast array of financial services practices. With over 30 years as global managing directors at leading financial institutions and consulting firms, each of their experts is dedicated to applying exceptional real-world economic, financial, and quantitative principles to complex business and legal challenges.
SEDA Experts provides independent advice, financial consulting, data analytics, valuation, and expert testimony services to financial institutions and law firms in both litigation and business contexts.
Richard A. Marin, Managing Director, a former finance senior executive with over 40 years of industry experience, and a former clinical professor at Cornell University, is a world-class testifying expert. Mr. Marin is a Finance, Real Estate, and Venture Capital industry executive who is currently the CEO of Low Emissions Resources Corporation. He also is involved in managing private equity investments, consulting on major commercial real estate and attractions projects, and an expert in the retirement field.
Mr. Marin was previously a senior executive at three major financial institutions; Bankers Trust Company, Deutsche Bank and Bear Stearns. His initial career spanned corporate finance, sales and trading, structured products, emerging markets, processing, and several other disciplines. Later in his career, he focused on building and running large asset management businesses in both the traditional and alternative spaces and in the institutional and high net worth markets. He also served as Chairman and CEO of AFI (USA), a major distressed commercial and residential property developer, for whom he restructured over $2B of liabilities.
Mr. Marin has been a successful financial entrepreneur, involved in founding several venture capital firms (Beehive Ventures and Green Visor Capital) and a hedge fund (Ironwood Global). He served as CEO of the New York Wheel, a $650 million development project, from 2012 to 2017. He is currently the CEO of Low Emission Resource Corporation, a start-up scientific research & development company working in the areas of hydrogen and ammonia production.
He is a published author of Global Pension Crisis: Unfunded Liabilities and How We Can Fill the Gap (Wiley & Sons, 2013), Mater Gladiatrix (Lulu Press, 2017) and Gulag 401k: Tales of a Modern Prisoner (Lulu Press, 2017). View full Vitae.
Areas of Expertise:
Kenneth Simmons, Managing Director, has over 30 years of industry experience as Executive Vice President at leading financial institutions, and at regulatory agencies such as OCC and FDIC. He is a Review Board Member and Faculty member at the Association of Certified Anti-Money Laundering Specialists, and the North & South Metro Atlanta Compliance Roundtable Founder and Chairperson at the Community Bankers Association.
He served as Executive Vice President and Chief Compliance Officer at Origin Bank, and in a similar position at Hamilton State Bank. During his career he was responsible for all aspects of Regulatory Compliance, he devised comprehensive BSA/AML Programs including complex layers of investigations and an enhanced monitoring system to exceed Supervisory Expectations, and developed comprehensive risk assessments, audit schedule and compliance testing programs addressing regulatory inventory of risks.
Mr. Simmons served the Office of the Comptroller Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) as Compliance/ BSA Specialist Bank Examiner. During his tenure with the OCC he was the functional Examiner-in-Charge (FEIC) on complex BSA & Compliance examinations, and the Supervisory Review Examiner for BSA/AML, fair lending, and CRA examinations.
He evaluated effectiveness of AML systems (such as FCRM, Bankers Toolbox, and FIS (Prime) and formulated opinions on the use of such systems. He also worked directly with Supervisory office and legal staff regarding BSA/AML violations, MRAs, and consent order issuances, providing guidance and direction to financial institutions regarding resolution of these matters.
In addition, he served as the General Audit Manager for a multi-billion dollar financial institution, and he served as a Compliance Officer for several financial institutions. View full Vitae.
Areas of Expertise:
Kevin D. Oden, Managing Director, has unrivaled Financial Risk Management expertise and over 30 years of financial markets experience with leading financial institutions firms Wells Fargo and Goldman Sachs, holding executive positions.
Mr. is an innovative risk manager and entrepreneur with a strong track record of leading risk teams to the forefront of industry practice. He currently serves on the Board of Directors of the Risk Management Association (RMA) and on the RMA Journal Editorial Advisory Board and the financial technology firm Scienaptic Systems.
During his career, he managed small and large teams (as many as 4000) across a number of risk disciplines including market risk, counterparty risk, model validation, risk model development, operational risk, cyber security, financial crimes and compliance. Developed an industry leading practice in model risk management with patents pending on several innovations in system design. Highly successful at building working relationships with business leaders as well as U.S. and foreign regulators.
Mr. Oden has over 30 years of industry experience, including risk management, trading, sales, portfolio management. Superior quantitative background and communication skills provide a unique ability to deliver risk insight to all stakeholders and influence decision making throughout the firm. He was a member of Wells Fargo’s management committee and Asset Liability Committee (ALCO).
Dr. Oden was an Executive Vice President and Head of Operational Risk and Compliance within Corporate Risk at Wells Fargo & Co., managing second-line risk activities across information security, financial crimes risk, model risk, operational risk, regulatory compliance risk, and technology risk. Prior to this he was the Chief Market & Institutional Risk officer for Wells Fargo & Co. View full Vitae.
Areas of Expertise:
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: