Factoring / Cash Flow Management Expert Witnesses

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

Profile: 47+ yrs experience in financial, mortgage & business institutions including 17+ President, CEO & Director & 6+ director of a mortgage company. 15+ years of leadership/ directorships in national & state trade associations. Over 500 federal & state nationwide cases i for FDIC, FannieMae, financial institutions, mortgage companies, businesses, non-banks, individuals. Services provided: consulting, depositions, reports, affidavits & court testimonies.

Expertise: Financial Institutions, Mortgage Institutions, Business, Real Estate. Residential mortgage loans,construction loans, commercial real estate loans, business loans, SBA; Operations; Fraud; Lender Liability; Policy & Procedures; Fiduciary Duties, D & O conduct, Other. Reports, depositions & court testimony in Federal, Bankruptcy & state courts.

• 500+ nationwide cases working both for defendants and plaintiffs.


• 20+ years of in-house, industry, and outside expert witness experience.


• 75+ depositions taken and 35+ court appearances in both Federal and state courts.


• Clients: FannieMae, FDIC, Freddie Mac, FHA, VA, Viacom, Wells Fargo Bank, State of CA, Bank of America, Amex, Citicorp Mortgage, Washington Mutual, Bank One, Long Beach Mortgage, EMC Mortgage, JPMorganChase Bank, PacifiCare, Beal Bank, Avnet, Fidelity Title & First American Title.


• Approximately 50% of cases are for financial institutions, 40% against financial institution and 10% are other.


• Serving clients nationally— 40% plaintiffs and 60% defendants.


• Resume, fee information and references provided on request.

Alistair Hynd has over 15 years experience in Corporate Finance. He heads the Project Finance and Financial Modelling Team that functions at Baker Tilly Corporate Finance, LLP (Baker Tilly). Mr. Hynd specialises in Project Finance, PFI, PPP and Debt Advisory plus Financial Modeling. 

Mr. Hynd is an Associate of the Institute of Chartered Accountants in England and Wales (ICAEW) and member of the Institute's Corporate Finance faculty. He is also a full member of the Association of Corporate Treasurers. Mr. Hynd's team at Baker Tilly can become involved in Project Finance or Financial Modeling in three ways:

• Financial Adviser to the Government – structuring projects, evaluating bids, and negotiating detail
• Financial Adviser to the Consortium – assembling the bid, refining and optimising it, and acting as interface with funding markets
• Acting for the Banks and other Lenders - providing reassurance that the model on which they are lending is fit for purpose.

Other Services Include

• Capital Markets: Reporting Accountants, Flotation e.g. advice on Financial Structuring, Accounting Systems and Policies, Share Option, Director / Employer Benefits, Audit and Taxation services
• Due Diligence: Historic Performance, Cash Flows, Assets and Liabilities, Forecasts, Working Capital Requirements, Financial Systems and Controls, Taxation
• Mergers and Acquisitions / Private Equity:Preparing / Maximise Value from Business Sales, Negotiate Terms and Raise Private Equity / Debt Finance to Support Management Buy Out or Buy In, Raising Private Equity / Debt Finance for Growth, Cash Out or Recapitalisation, etc.
• Valuations: Shares, Businesses, Options and Warrants, Various Derivatives, Brands and other Intellectual Property, Film and Media Rights,Income Producing Assets

Profile: J. Michael Feeks, one of the founders of Bank Experts Group, provides litigation support and expert witness services to law firms in banking-related matters. He has handled approximately 100 cases as an expert and has provided court-room and/or deposition testimony in more than 25 of these matters. Expertise: Mr. Feeks has served as an expert in cases involving:

• Commercial and Real Estate Lending
• Loan Approval, Workout and Administration
• Business and Consumer Banking Operations
• Management Policies, Practices and Procedures
• Regulatory Compliance
• Bankruptcies and Frauds

Hiring an Expert Witness: A Bank Expert's Perspective

Law Firms Served, include: Bailey Kennedy, Reed Smith, Litchfield Cavo, Margolis Edelstein, Hughes Hubbard & Reed, McCarter & English, Shearman & Sterling, Bourgeois White, Moore & Van Allen, Anderson Reynolds & Stephens, and Gunster Yoakley & Stewart. Background: 35+ years of banking experience. Served major bank in business lending, branch operations, and management. Served community banks as president, director, and other senior positions. MBA – New York University. Graduate – Manhattan College and Stonier Graduate School of Banking. Bank Experts Group is a consulting firm that provides litigation support in banking-related matters and specialized assistance to banks and other financial institutions. The principals are experienced former bankers, regulators, and educators with extensive experience in bank management.

View Consulting Profile.

 

Marguerita M. Cheng, CFP®, CRPC®, RICP®, CDFA™, Chief Executive Officer at Blue Ocean Global Wealth, is a Certified Financial Planning Expert with 18 years of experience. Prior to co-founding Blue Ocean Global Wealth, she was a Financial Advisor at Ameriprise Financial and an Analyst and Editor at Towa Securities in Tokyo, Japan. Ms. Cheng is a past spokesperson for the AARP Financial Freedom Campaign and a regular columnist for Investopedia & Kiplinger. She is a CFP® professional, a Chartered Retirement Planning CounselorSM, a Retirement Income Certified Professional® and a Certified Divorce Financial Analyst. As a Certified Financial Planner Board of Standards (CFP Board) Ambassador, Ms. Cheng helps educate the public, policy makers, and media about the benefits of competent, ethical financial planning. She served on the Financial Planning Association (FPA) National Board of Directors from 2013 – 2015 and is a past president of the Financial Planning Association of the National Capital Area (FPA NCA). 

Marguerita Cheng CNBC Interview on Social Security 

Awards and Honors - Ms. Cheng is a recipient of the Ameriprise Financial Presidential Award for Quality of Advice and the prestigious Japanese Monbukagakusho Scholarship. In 2017, she was named the #3 Most Influential Financial Advisor in the Investopedia Top 100, a Woman to Watch by InvestmentNews, and a Top 100 Minority Business Enterprise (MBE®) by the Capital Region Minority Supplier Development Council (CRMSDC).

Litigation Support - Ms. Cheng serves as a Women’s Initiative (WIN) Advocate and subject matter expert for CFP Board, contributing to the development of examination questions for the CFP® Certification Examination. She also volunteers for CFP Board Disciplinary and Ethics Commission (DEC) hearings. Services to attorneys representing plaintiff and defendant include financial due diligence, thorough reporting, depositions, and trial testimony as needed.

Areas of Litigation Expertise:

Financial Planning Issues Social Security Elder Financial Abuse

Financial Planner Standard of Care Financial Planner Code of Ethics Investor Rights

Corporate Sciences, Inc. (CSI) is a highly regarded Economic Consulting Firm providing financial services to corporations, law firms, and government agencies. CSI professionals have served some of the world’s largest multinational corporations and law firms. Many of their team members hold advanced academic degrees and specialized credentials with extensive consulting experience in all the areas they provide service.

Litigation Support - CSI has been assisting law firms and their clients in all aspects of litigation requiring Economic Accounting or Financial Expertise for over 40 years. Services are provided as consultants, testifying experts, arbitrators, and mediators. CSI professionals understand the complexity in the many stages of litigation including discovery, liability assessment, damage calculations, expert testimony, and critique of opposing expert opinions.

CSI professionals have been through hundreds of engagements appearing in many venues including trials, ADR proceedings, and regulatory hearings. Their testimonial work is supported by state-of-the-art research, analysis and pragmatic business insight. CSI professionals are widely regarded for their ability to convey results of complex analysis and opinions in easy-to-understand language and demonstrative exhibits. Many of their cases have been large and complex often running into hundreds of millions and billions of dollars at stake.

Areas of Expertise:

Real Estate Construction Intellectual Property Insurance Securities Fraud Banking Forensic Accounting Mergers and Acquisitions Valuation/Appraisal Real Property

Breach of Contract Damages Antitrust Healthcare Bankruptcy Environmental Labor and Employment Financial Institutions General Commercial Disputes Design & Conduct Market Opinion Surveys Valuation/Appraisal Business Entities

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:

International Tax Planning

Corporate Structuring, Maintenance and Trusts

International Contracts Law

Jurisdictions

Residency and Citizenship

International Banking

Logistic Support

Government Licenses

Aircrafts and Vessels

Intellectual Property

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

Tony Wayne, CPA, CFF, CVA, CIRA, is a Certified Public Accountant with over 25 years of private industry senior operations experience.

Background - After a diverse career spanning 15 years in Big 8 public accounting/consulting and private industry, Mr. Wayne founded IronHorse in 1998 with an emphasis on complex turnarounds and restructuring consulting, crisis management, advisory services, CFO services, and litigation support. IronHorse is an ideal solutions resource for the closely held, family owned middle, or small-market industrial firms in transition serving a six-state region including Nebraska, Iowa, Kansas, Missouri, Oklahoma and Arkansas. Visit their website at www.ihorsellc.com.

Litigation Support - Mr. Wayne is available to advise boards of directors, senior management, and corporate counsel in all litigation matters that can impact business practices, profitability, and continued viability. He maintains rigorous compliance with certifying and credentialing bodies and their regulations and scrutinizes the facts behind complicated forensic accounting and valuation issues.

He is a member of the American Bankruptcy Institute, including the Business Reorganization Committee and Fraud Task Force. In addition, he is a member of the American Institute of CPA’s, the Association of Insolvency & Restructuring Advisors, the National Association of Valuation Analysts, and the Turnaround Management Association,

Mr. Wayne's services include expert witness assistance (consulting and testifying), solvency opinions, rebuttal expertise, case assessment management, and services in other areas of dispute and pre-complaint, complaint, discovery, pre-trial, and settlement consulting.

Forensic Services Include:

• Fraud prevention, detection and response
• Financial Reporting Fraud and Irregularity Forensic Audits
• Electronic Evidence Analysis
• Preservation and Securitization
• Ponzi Scheme Analysis
• Asset Searches, Public Records Searches, and Related Party Search and Documentation
• Pink Sheet and Other Stock Scams
• Private Placement Fraud Analysis & Investigations
• Borrowing Base and other Bank Fraud Examinations/Investigations
• Criminal Investigations

Valuation Services Include:

Family Law Mergers and Acquisitions-Buy & Sell Side Advisory Estate Tax Returns E.S.O.P Valuations Disputes Buy / Sell Agreements Distressed Business Valuation Plan of Reorganization Valuation

Liquidation Plan Valuation Lost Profit and Damages Computations/Valuation Solvency Opinions Goodwill and Intangible Asset Fair Value Impairment Valuation Lender & Private Equity Due Diligence / Portfolio Valuations Exit, Succession, Wealth and Estate Planning Valumetric Modeling and Template Development

View Tony Wayne's Consulting Profile.

Keegan, Linscott & Kenon, PC (KLK) is a full service accounting firm with more than 20 years of experience providing expert services as Certified Public Accountants, Certified Fraud Examiners, Forensic Accountants, and Certified Insolvency and Restructuring Advisors.

KLK's litigation support team assists clients and their attorneys to prepare for the financial and economic facets of settlement or trial proceedings. They perform in depth analyses and provide clear and detailed explanations of findings. They assist attorneys as consultants or in the court in a wide range of cases and investigations. Their role can involve fact finding, discovery, settlement negotiations, trial support, and expert witness testimony.

The professionals at KLK have testified as experts in Federal, District, Bankruptcy, State, and Tax Courts, as well as before arbitration panels. They have the proven ability to develop and communicate compelling analyses of accounting, economic and financial information to judges and juries in plain, simple language through affidavits, written reports, oral testimony, and trial graphics.

Litigation Support Services:

• Analyze damages involving commercial litigation and damages involving individuals, including lost profit analysis, owner disputes, employee/employer disputes, personal injury, and business interruption claims
• Evaluate opposing party's financial damages report to uncover any hidden facts or missing information in a business damages case
• Divorce litigation, including analysis of sole and separate property issues
• Locate hidden assets
• Analyze preference claims, inter-company transfers of assets, and fraudulent conveyances

Christopher G. Linscott, CPA, CFE, CIRA, is a Director of Keegan, Linscott & Kenon, PC, and is the Director of Litigation, Forensic Accounting, and Bankruptcy Support Services. Mr. Linscott was previously employed with the international CPA firms of Coopers & Lybrand (now Price­water­houseCoopers), and Peat Marwick (now KPMG). He has more than 25 years of ex­perience in public accounting.

Mr. Linscott specializes in the areas of Litigation Support, Bankruptcy Reorganization, Fraud Investigations and Prevention, and Business Consulting. He has served clients in industries including construction, health care, home builders and developers, law firms, manufacturing and distribution, non-profit, professional services, real estate, restaurant franchises, retail service, and wholesale.

Mr. Linscott is a Member of the Arizona Society of CPA's, American Institute of Certified Public Accountants, National Association of Certified Fraud Examiners, Association of Insolvency and Restructuring Advisors, and a Director of the Board of Directors at Bashas’.

Eric A. Lee, CFE, CIRA, is a Principal and Phoenix Practice Leader in the Consulting Services group of KLK. A Certified Fraud Examiners, he serves in testifying expert and consulting expert roles in litigation, forensic accounting, fraud and investigation services, and criminal matters both in the United States and internationally.

Mr. Lee has extensive experience conducting complex financial analysis and forensics related to multi-million dollar fraud schemes, analysis of complex financial accounts and transactions, fraudulent transfers and conveyances, analysis of securities transactions, international investigations, and loss and damages calculations.

Prior to his career in consulting services, Mr. Lee spent more than seven years as a Special Agent with the Federal government. During his tenure as a Special Agent, he investigated criminal and civil violations relating to fraud, money laundering, theft and embezzlement, public corruption, and tax evasion.

Mr. Lee has prepared expert reports, affidavits and disclosures, and testified/presented as an expert in Federal, State, and Tribal jurisdictions.

View Keegan, Linscott, & Kenon's Consulting Profile.

Donald J. Miod, CPA, ABV, CVA, CBA, FCPA, CFF, CFS, CGMA, MAFF, MFP, is the founding partner of Miod and Company, LLP. He oversees all aspects of the company's Accounting, Tax, and Litigation Services.

Mr. Miod has 43 years of hands-on experience in all phases of closely held entertainment, manufacturing and professional service businesses, from accounting and auditing services to advising the board of directors.

Mr. Miod is a prominent member of several industry associations and a significant contributor to state industry conferences. He was voted one of the top 25 CPAs in the San Fernando Valley and is the recipient of the California Society of Certified Public Accountants Family Law Sections Distinguished Service Award. He is the Author of several published articles on business valuations and family law issues.

Litigation Support - Donald J. Miod has developed a solid reputation for ethical Forensic Accounting services for litigants in Civil, Family Law and Tax areas. With his innovative, proprietary “Asset Tracing Model,” he is an acknowledged leader in the field.

Mr. Miod has also been appointed by the court as a Special Master, as an Evidence Code §730 financial expert; and stipulated to by litigants and divorcing couples to be the neutral forensic accountant in the litigation, mediation, and collaborative law arenas. For all legal arguments that relate to accounting issues, he delivers informed, objective, honest opinions.

Areas of Expertise:

Objective Business Appraisals Marital Dissolutions Estate Valuations Mergers and Acquisitions Thorough Investigative Accounting Civil Litigation Claims Cash Flow Loss of Earnings Third Party Claims

Inventory Losses Employee Dishonesty Asset Tracing Settlement Assessments Damage Analysis Reimbursement Claims Post Separation Accounting Tax Consultation Fraud Investigations

View Miod and Company, LLC's Consulting Profile.

Peter W. Leibundgut, Esq., has 30 years of transactional, public, and private commercial and real estate finance, legal and bank consulting experience. He currently provides a range of financial services to borrowers and domestic and foreign private and institutional investors in connection with structuring, placing, and conducting due diligence in Commercial and Real Estate Financing Transactions.

Mr. Leibundgut has decades of experience performing due diligence investigations, structuring, closing and restructuring public and commercial financial transactions on behalf of lenders; county, state and federal authorities and issuers; underwriters; finance companies; private equity and hedge fund investors; and borrowers.

Litigation Support - Mr. Leibundgut serves as an expert witness and provides litigation support in cases involving contract disputes and complex public and commercial finance matters centering on debtor and creditor rights. He has served as an expert, provided litigation support, rendered expert reports, and testified in cases involving several billion dollars over the last seven years. Three of his cases were nationally recognized and several were cases of first impression. Mr. Leibundgut has also represented the FDIC in forensic commercial loan review.

Areas of Expertise:

Ponzi Schemes Lender Liability Legal Malpractice Whole Bank Acquisitions Shared Loss Matters Fraud and Gross Negligence Niche Lending Contract Expertise Factoring Securitizations Bonds Syndications Healthcare

Commercial Real Estate P3s Transportation Purchase Orders Public and Private Offerings Letters of Credit Secured and Unsecured Transactions Bank Policy and Procedure Bankruptcy Derivatives Equipment Leasing Microfinance Aircraft and Vessel Finance

View Peter Leibundgut's Consulting Profile.