Commercial & Real Estate Finance & Financing Expert Witnesses: 14

Kirk D. Kleckner, CPA, MBA, ABV, ASA, CFF is the Managing Principal of ValuationUSA, a boutique Valuation / Litigation Support firm. He is also the current President of Automotive Group Capital and Consulting, LLC - a ten person business specializing in the dealership industry.

Mr. Kleckner is a CPA, MBA and is professionally accredited in Business Valuation (ABV) from the American Institute of Certified Public Accountants (AICPA). He is also a Senior Appraiser of the American Society of Appraisers (ASA) and Certified in Financial Forensics from the AICPA (CFF). Mr. Kleckner is a Qualified Expert Witness with experience in complex business litigation.

Mr. Kleckner's experience includes seven years as Chief Financial Officer for a well respected top 50 dealership group. He spent nineteen years with an accounting firm as its Chief Operating Officer, Director of Business Valuation and Litigation Support Services and Shareholder.

Mr. Kleckner's expertise leverages both his professional and hands-on industry experience. His practical experience includes buying, selling and integrating of businesses and organization and owner tax planning.

Mr. Kleckner has experience as an expert witness in various legal actions including class action settlement valuation, ownership dispute valuation and business damage calculations.

Areas of Expertise:

Business Valuation

Litigation Economic Loss / Damage Analysis and Independent Opinions, Expert Witness

Product Warranty and Class Action Settlement Valuation

Dealership - Valuation, Profitability and Practices

Business Interruption, Minority Interests and Fair Value, Ownership Disputes

Estate and Gift Valuation

Succession and Business Owner Wealth Transfer Planning

Acquisition / Merger Advisory

Mining Interest Valuation

Jeffrey S. Rothbart, JD, LLM, founded Stack Real Estate, LLC (“Stack”) to focus on commercial real equity investments, development, capital markets advisory, and expert witness services. Since its inception, Stack has participated in over $1.5 billion in Commercial Real Estate Transactions.

Mr. Rothbart is experienced in real estate acquisitions, development asset, portfolio management, capital markets, leasing, dispositions, and sustainability. He has been involved in office, residential, retail, industrial, hotel, self-storage, medical, and senior-living operations as an investor, developer, adviser, or expert witness.

In addition to his responsibilities at Stack, Mr. Rothbart is also the Head of Investments for Peer Realty and a Principal at both Birchwood Health Care Properties, LLC and Insignia Homes. In his roles for Stack, Peer, and Birchwood, Mr. Rothbart is currently overseeing the syndication of over $65 million in real estate investments, including two residential subdivision developments, retail centers, and multiple senior living acquisitions and development opportunities. He is also LEED-AP for New Construction (v2.2) and an Adjunct Professor of Law at Chicago-Kent College of Law.

Litigation Support - Prior to forming and participating in several companies, Mr. Rothbart practiced real estate and tax law at a Chicago-based law firm and worked in the legal department of Related Midwest, one of Chicago’s largest multi-family developers. He has been an expert witness in real estate related litigation matters exceeding $300 million and has published over 40 articles on the commercial real estate markets. His services are available to attorneys representing plaintiff and defendant.

Areas of Expertise:

Commercial Real Estate Real Estate Valuation Real Estate Acquisitions Bankruptcy Eminent Domain Real Estate Development / Redevelopment

Landlord / Tenant Disputes Manufactured Homes Mortgages Property Management Real Estate Agency Standards Property Tax Appeal

View Jeffrey Rothbart's Consulting Profile.

Salt Hill Statistical Consulting Alan Salzberg is Senior Statistician and Principal of Salt Hill. Dr. Salzberg's focus is statistical analysis, sampling, estimation, and modeling, especially using large or complex datasets. Many of Dr. Salzberg's consulting projects relate to the detection and measurement of bias or fraud. Dr. Salzberg has testified as an expert witness in statistics in multiple venues. Prior to joining Salt Hill, Alan was CEO at Analysis & Inference. He has also held positions at KPMG (in its Economic Consulting group) and at Morgan Stanley. Dr. Salzberg holds a Ph.D. in Statistics from the Wharton School of the University of Pennsylvania, where he also received a Bachelor of Science in Economics. For musings on everyday probability, see Dr. Salzberg's blog: "What are the chances?"

Steven D. Epcar, CPM an Expert in Real Estate and Property Management Issues with 35+ years of experience;including residential, commercial, retail, hotel, condominium and mixed-use properties. Experienced in litigation support including standard of care, partnership conflicts, brokerage issues,landlord/tenant, valuation, personal injury, habitability, environmental, life safety cases. 

Steven is a member of the Forensic Expert Witness Association (FEWA).  He serves as a real estate consultant for institutional and private investors, providing an array of services: asset/property management related assignments, organizational assessments, financial feasibility, due diligence,and new development services. 

Previously, Mr. Epcar served as President, Residential Services for Carmel Partners a R/E investment/management firm in San Francisco, Principal/Founding Partner of Ventana Property Services, a West Coast third party management and consulting firm and President,Prometheus Management Group,a development/investment/management firm.

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.

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"

Qualfied Expert Witness & Consultant in Hotel and Real Estate Industry Business Issues:

• Market, economic & financial feasibility
• Valuation
• Disputes between owner-operator, borrower-lender, franchisor-franchisee
• Management contracts
• Ground & building leases
• Partnership & JV agreements
• Concession contracts
• Development agreements and loan documents
• Expert witness testimony
• Litigation strategy, consultation and support
• Damage calculations
• Lost profits analysis
• Real estate appraisals
• Deal structuring & workouts
• New development
• Strategic planning
• Market demand assessment
• Acquisition due diligence
• Economic, financial & investment analysis
• Can estimate damages and appraise property values under multiple scenarios
• Trained Arbitrator & Mediator

Winner of the Creative Counselor of the Year for appraising the Grand Canyon.

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.

Dick Bridy, PhD, is a Commercial Real Estate expert and entrepreneur with over 40 years of Commercial Real Estate Development, Brokerage, Investment, Leasing, Private Equity Sourcing, Operations, Construction, and Asset Management experience. He is the CEO of DBI Group (DBI) and Bedrock Investments Group (BIG), Bedrock 1st Mortgage, DBI Commercial Real Estate, and a principal of DBI Asset Management. 

Background Experience - Dr. Bridy and his team entitled and built two shopping centers and five single tenant properties. In addition, he has contracted for the redevelopment of over 3.5 million sq. ft. in 14 shopping centers in the Midwest and the Western US.

An accomplished scholar, Dr. Bridy is a graduate of the Wharton School at the University of Pennsylvania with a B.Sc. in Economics. His graduate studies garnered academic honors recognition from the San Diego State University Graduate School of Business, the Marshall School at the University of Southern California, and the University of Phoenix, from which he received an MBA, EMBA, and PhD respectively.

For decades, Dr. Bridy has served on the boards of many prominent real estate organizations, including the National Association of Realtors, California Association of Realtors, San Diego County Commercial Association of Realtors, and CCIM.

Litigation Support - Dr. Dick Bridy delivers real estate expert witness testimony for the commercial real estate and brokerage industry nationwide. He has been engaged by both plaintiff and defense attorneys. As a commercial real estate CEO, investor, developer, asset manager, broker, and syndicator, Dr. Bridy is an excellent communicator, honed by many years in leadership and advisory positions in the commercial real estate industry and as a Marine Corps officer.

Services include consultation, case review, technical investigation, IME’s, research, laboratory work (in-house or otherwise), report preparation, depositions, arbitration, mediation, court appearances, standby, cancellation of court deposition, and travel. 

Areas of Expertise: 

Asset Management Property Management Portfolio Management Commercial Litigation Premises Liabilty Disclosure Fraud

Development and Redevelopment Insurance Realtor Fiduciary Matters Constructive Eviction Lease Disputes Discrimination Entitlements

View Bedrock Consulting Group's Consulting Profile.

Jack G. Cohen has been involved in the Private Money Lending and  Real Estate Industry for over 30 years. He is currently the managing member and director of a private money real estate lending, real estate development, and investment property management company. He is also the San Fernando Realty Real Estate Investment director of the California Bureau of Real Estate. 

Mr. Cohen has experience with commercial, residential, and retail real estate, and construction lending.

Litigation Support: Mr. Cohen has been retained as an expert witness in Real Estate related cases over 50 times since 1990. He represents both Plaintiff and Defense and is experienced with complex cases. His services include thorough reporting, depositions, and trial testimony as needed.

Areas of Expertise:

Private Money Lending Credit File and Qualifications  Appraisals Evictions Foreclosures Industry Standards Title Reports Property Management

Tenant and Landlord Issues Brokers and Investor Relation Finance and Documentation Sales and Leasing Insurance Claims Loan Servicing Escrow

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.

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.

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

Education:

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

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
• 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 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.

 View Consulting Profile.