Expertise: Mr. Purcell has over 50 years of experience in every area of investment banking including the following:
Mergers & Acquisitions
Leveraged Buyouts and Recapitalizations
Fairness Opinions and Fairness Issues
Bankruptcy issues, including fraudulent conveyance
Advice to Special Committees of Boards
Due Diligence and Disclosure Issues
Damage issues and analysis
Document Interpretation and Standards from investment banking point of views
Criminal cases involving alleged securities violations and insider trading
Financing of Debt and Equity (both public and private, taxable and tax-exempt, including structured financings)
Leasing and Real Estate Financing
Background: Mr. Purcell was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. He also has served as interim CEO of a public company and has served on Boards of Directors. Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area. Mr. Purcell has been an expert in more than 200 cases with over 180 Law Firms, including cases for the SEC, IRS and the DOJ. Has testified in court trials and arbitration trials over 40 times. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.
MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 40 years. Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals.
Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics.
Brian H. Kelley is a seasoned Banking Executive, Lender, and Attorney with over 30 years of experience in lending, top management, and legal positions for both regional and larger commercial banks in California, Arizona, Washington, and Oregon. He has served as the CEO of three successful community banks and the head of a Multi-Billion Dollar lending group with a large international bank.
Litigation Support - Mr. Kelley provides expert testimony and litigation support to attorneys representing financial institutions, businesses, and individuals. His expert witness services include analysis of key issues, case strategy, depositions, opinions, and court testimony.
Mr. Kelley's expertise has been called upon in State, Federal, Bankruptcy, and Arbitration Courts, having testified on behalf of FDIC, major banks, and financial institutions. He is a qualified expert in eights states and the District of Columbia.
Areas of Expertise:
Consumer and Commercial Lending
Federal and State Regulation
Credit and Collection Practices
Loan Policy and Guidelines
Loan and Credit Review
Loan Modification and HAMP Programs
Education / Training: BA and JD from Brigham Young University. Extensive professional course experience in loan underwriting, credit analysis, corporate finance, lending practices, etc.
Degrees / Certifications: Admitted to the California, Utah and Hawaii Bar Associations. Past Director of Western Independent Bankers, California Bankers, American Bankers Association and Mortgage Bankers of America.
John B. Schnure, President of Cambria Associates, has 40 years of experience in Banking, Bank Management, Lending, Loan Review Due Diligence, and Commercial Real Estate. He has worked with Cambria Associates for over 25 years and has worked with over 100 banks as clients over the years.
Background - Mr. Schnure holds an MBA from Columbia University with majors in International Business and Real Estate, and a BBA from University of Cincinnati with a major in Finance. He has post-graduate study at Dartmouth College and University of Virginia Business Schools. Mr. Schnure has been President and CEO of three Chicago area banks/thrifts, and prior to that was Vice President of The Northern Trust Company in commercial lending and management.
Litigation Support - John B. Schnure has successfully completed 15 expert witness engagements in the last 3 years in banking, lending, and/or real estate. The clients he represented prevailed in each case. His expertise is available to counsel representing both debtors and creditors.
Phillip G. Cantrell is a nationwide provider of Mortgage Consulting and Banking Expert WitnessServices. He has 45 years of experience in his field. Mr. Cantrell is a former advisor for the Federal National Mortgage Association (FNMA) and has done work for the FHLMC. He consults with State and federal agencies and possesses in-depth knowledge in all areas of operations of the mortgage industry.
Litigation Support- Mr. Cantrell has been providing services to the legal industry for over 15 years. With a strong record of accomplishments with superior results, he has the ability to relate to clients and their needs.
Mr. Cantrell represents both Plaintiffs and Defendants. Retained as an expert witness over 40 times, he has rendered opinions on cases involving mortgage fraud, closing and title issues, appraisal issues, compliance, servicing, HAMP loan modifications, and secondary marketing.
Click the following link for cases in which Mr. Cantrell has been named and designated as an Expert Witness, representing both Plaintiffs and Defendants in different capacities: Designated Expert Witness Case List.
Areas of Expertise:
Home Equity Lines of Credit
Disclosure / Compliance
Title Closing Issues
HAMP Loan Modifications
Credit Reporting Issues / Damages
"Phil has extensive knowledge in all aspects of the mortgage lending industry. His ability to dissect the financial terms and conditions of a particular loan transaction or product was an invaluable resource in terms of understanding the transaction and allowing the lawyers to formulate the appropriate claims to pursue. " - George W. Walker: Pope, McClamry, Kilpatrick, Morrison & Norwood, LLP
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.
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.
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
Expert reports adherent to Federal Rule 26
Hard Money Lending
Loan Syndication/Secondary Market Loan Sales
Title Insurance Cases
Private Money Lending
*****Experienced in trial and deposition testimony*****
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.
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
Robin Byrant has over 30 years of experience in the Banking Industry. Mr. Bryant started his career in a retail bank, followed by three investment banks and an international bank. His experience also includes the activities and procedures of non-banks such as building societies and centralised lenders. In two of the banks in which he worked he devised systems and procedure manuals and wrote the lending policy for one of the banks.
Mr. Bryant has been providing advice and banking expert witness evidence in respect of disputes involving banks and other lenders for nearly twenty years. Most of the cases have been in the English High Court but he has also provided evidence for courts in overseas jurisdictions. Advice and evidence has been provided for and on behalf of banks and other lenders or for those opposing them. The majority of the work has been in connection with professional negligence where allegations of a bank’s contributory negligence are raised.
Mr. Bryant is a member of the Academy of Experts and a founding member of the Expert Witness Institute, where he was a member of the Blom-Cooper working party drawing up guidelines for experts. He has acted in over 250 cases and been cross examined 14 times.
Areas of Expertise:
Banking practice and operations
Retail banks, Building Societies and Centralised Lenders
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.