Mutual Funds 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

Mr. Bob Lawson,  AIF®, CFE®, MRFC®, LUTCF®, is a Securities & FINRA Expert Witness retained for FINRA arbitration, mediation, and federal/civil court litigation. Mr. Lawson possesses over 35 years of experience within the securities and insurance industries. In 1988, Mr. Lawson founded Barrington Capital Management, Inc., a Registered Investment Advisory firm and Insurance Agency, and currently serves as the President and Chief Compliance Officer and President of Barrington Financial Consulting Group, Inc, as a Securities Expert Witness and Consulting Experts. 

In addition, Mr. Lawson serves as a FINRA Mediator and presides as a FINRA & NFA Dispute Resolution Chairman for disputes concerning public and private investors, financial services professionals, broker-dealers, and dually-registered investment advisers. Claims often arise regarding breach of fiduciary duties, employment disputes, conflicts of interest, churning, unsuitable investments, and failure to supervise, among others. Mr. Lawson also serves as a public mediator and is a Qualified Neutral under Minnesota Rule 114 of Standard Practice in Mediation and Arbitration. His breadth of experience includes managing and supervising FINRA broker-dealer branch offices as a Registered Securities Principal, Options Principal, and Chief Compliance Officer. Mr. Lawson also has considerable experience with insurance products including variable annuities, fixed and indexed annuities, long term care, and life insurance. Mr. Lawson possesses numerous accolades and is certified as an Accredited Investment Fiduciary (AIF®), Certified Fraud Examiner (CFE®), Master Registered Financial Consultant (MRFC), and a Life Underwriter Training Council Fellow (LUTCF®). Retaining Mr. Lawson as an Expert Witness and Litigation Consultant will clarify and address relevant issues pertaining to your case from an insider's point of view. Upon a thorough examination and analysis of the case material, Mr. Lawson’s conclusions and opinions are impartial, objective, and predicated upon years of industry expertise and experience. Expert testimony and reports are supported by thorough and detailed research through case-specific analysis.

Areas of Expertise:

• FINRA & SEC Regulations
• Breach of Fiduciary Duty
• Promissory Notes
• Securities Fraud Investigations
• Ponzi Schemes
• Options, Stocks & Bonds
• Due Diligence
• FINRA Arbitration
• Professional Malpractice
• Economic Damages & Losses
• Employment Discrimination & Termination

Services:

• Litigation Consulting
• Unbiased Case Analysis
• Discovery Review & Recommendations
• Portfolio Risk Reports
• Securities Fraud Investigation
• Damage Calculations
• Expert Testimony

View Bob Lawson's Consulting Profile.

John T. Foster calls upon his deep and broad senior level experience, gained through a 35 year career in the broker-dealer industry, to provide uniquely relevant securities expert witness services. Uncommon in the “expert” field, Mr. Foster continues today to be actively engaged in the field as a specialized consultant for broker-dealer firms. He currently serves as the President and CEO of Bedford & Main Financial Consulting. Mr. Foster worked for many years in a senior management role for a large, multi-national self-clearing firm. He also served as the President and CEO of an independent broker-dealer where he was responsible for ensuring compliance and regulatory requirements were properly implemented to support a retail-based business. He is very familiar with financial services expert witness issues related to fundamental FINRA compliance regulations such as: suitability, supervision, senior issues, churning, complex products and written supervisory procedures (WSPs). He is also proficient in matters related to client and firm interactions with financial advisors, which frequently are subjects of FINRA arbitrations. Mr. Foster believes that in order to maintain ethical standards a high degree of selectivity is required when reviewing specific issues and determining his ability to provide a meaningful expert opinion. As such, he is happy to review a claim (“On my own time and expense of course!”) to determine if he has the proper background and agreement to support a case. Areas of Expertise:

Licenses and Memberships:

• FINRA Series 3, 7, 24, 27 and 63
• Certified FINRA Dispute Resolution Arbitrator
• Member of the Securities Experts Roundtable
• Certified Anti-Money Laundering Specialist (ACAMS)

View Bedford & Main's Consulting Profile.

Frank Carr has extensive background and experience as an Investment Industry Employment and Compensation Expert Witness, especially Investment Management Firms, Mutual Funds, Hedge Funds, Wealth Managers, and Broker Dealers. Mr. Carr is a former corporate banker, investment firm Chief Financial Officer and a 20 year veteran of executive search for the Investment Management industry. He has written articles for and has been frequently quoted by publications such as Bloomberg News, CNN Money, Fund Fire, Ignites, Absolute Return, Hedge Fund Alert, and Hedge Fund Manager Week. Prior to entering the executive search field, he was the Chief Financial Officer of a Connecticut-based hedge fund and Commodity Trading Advisor (CTA). Mr. Carr started his career in commercial bank lending, initially with Citigroup in their Wall Street Commodities division and later specialized in financing independent feature film producers, TV producers and television station owners on behalf of European American Bank in New York. Litigation Support - Frank Carr is an Investment Industry Employment and Compensation Expert Witness who has been retained by both plaintiffs and defendants for American Arbitration Association, JAMS and FINRA arbitration, mediation, and federal court litigation. Mr. Carr has over 30 years of experience in Financial Services, Investment Management, and Banking and his areas of coverage include Traditional and Alternative Investments – Equities, Fixed Income, Mutual Funds, Hedge Funds, Private Equity, and Managed Futures. Specialist in Wall Street Divorce. Areas of Expertise:

Prior Expert Witness Assignments:

• Represented a hedge fund portfolio manager as an expert rebuttal witness in a high profile hedge fund employment/compensation lawsuit. Prepared a rebuttal opinion letter submitted to the United States District Court for the Southern District of New York.
• Represented a $12 billion Texas-based SEC Registered Investment Adviser and leading global alternative credit manager in a JAMS arbitration regarding a terminated employee. Prepared a rebuttal expert witness report and provided live testimony at the JAMS arbitration hearing.
• Represented a financial advisor in a FINRA arbitration against one of the top 5 U.S. wealth management firms. The scope of the opinion included projected career advancement, compensation analysis and calculation of lost earnings.
• Represented a portfolio manager/ investment analyst in a wrongful termination action against one of the largest U.S. Broker Dealers with over $600 billion in assets. The scope of the opinion included projected career advancement and compensation analysis. Prepared an expert witness report and provided live testimony at the FINRA arbitration hearing.

Education - Mr. Carr is a graduate of Williams College where he received a Bachelor of Arts degree in Political Economy. He completed the Management Training Program at Citigroup in New York, including courses in accounting, finance and capital markets. He has previously held FINRA licenses, Series 3, 6 and 63 and has completed Level I of the Chartered Alternative Investment Analyst (CAIA) program.

• 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

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.

Areas of Expertise:

• Lender Liability
• Depository Standard of Care
• Lender Standard of Care
• Check Fraud and Scams
• Fidelity Bond Claim
• Failed Bank Analysis

View Mr. Finn's Consultant Profile.

Mr. Campbell has over 30 years of financial industry experience.  He is the principal of a financial litigation and investment management consulting firm, Kerry Campbell LLC, where he serves as a financial expert witness during litigations and provides consulting services to financial institutions and investors.

He has worked in investment research and portfolio construction, as a Managing Director at Arden Asset Management, and as a Senior Vice President at Guggenheim Partners.  He has worked in prime broker risk management as a Managing Director at Bear Stearns.  Prior to that he worked as a commissioned registered representative, a funding officer and as a credit analyst/loan officer.

He is an Approved FINRA Dispute Resolution Arbitrator, a Chartered Financial Analyst^®, a CERTIFIED FINANCIAL PLANNER™, an Accredited Investment Fiduciary Analyst™ and a Securities Experts Roundtable Member.  He has held the following licenses: Series 7 – General Securities Representative, Series 55 – Equity Trader Representative, Series 63 – New York Uniform Agent and Series 65 – Uniform Investment Advisor.

Litigation Support - Mr. Campbell has served as the sole experience witness for the claimant in an $8.7 million award. (See: www.gerardfoxlaw.com/news/firm-news/gerard-fox-law-attorneys-earn-landmark-87-million-victory-against-wells-fargo-advisors-in-finra-arbitration-for-decorated-retired-ceo/. In addition, he has served as an expert witness for petitioners in State Court, for defendants in Federal District Court, for claimants and respondents in FINRA Arbitrations, and for claimants in offshore Federal Courts. He has been retained by institutional investors, high net worth investors, and large global diversified financial institutions. 

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.

Services:

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: