Private Equity Financing Expert Witnesses: 10

Education:

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

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
• 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: William H. Purcell has been an Investment Banker for over 50 years. He 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. Mr. Pucell has been a Senior Advisor and Director of Seale & Associates since 2001, an investment bank in the Washington DC area. 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.

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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

Frank Carr has extensive background and experience as an Investment Industry Employment and Compensation Expert Witness, especially in 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:

Executive Compensation Employment and Hiring Practices Wrongful Dismissal Lost Earnings FINRA Arbitration Employment Discrimination Compensation Consulting

Institutional Asset Management Mutual Funds Hedge Funds Private Equity Wealth Management Broker / Dealers Retail Financial Advisory Sales Process for Investment Products

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.

View Frank Carr's Consultant Profile.

Jon R. Simon is an experienced Finance and Investment Professional with decades of Consulting, Operations and Investing experience. He has a long and accomplished background in the Hotel and Vacation Ownership Industries where he has advised some of the largest U.S. investment funds, hospitality and gaming companies, and high net worth individuals.

Litigation Support - Mr. Simon addresses major complex commercial litigation at the individual plaintiff or defendant level (typically for the BOD), class action level, and in valuation actions brought in Delaware Chancery Court. Services include interrogatories, litigation strategy, expert witness opinions, expert witness testimony (deposition or trial), mediation assistance; calculation of damages and disgorgement, rebuttal opinions, and valuations.

Hospitality and Shared Ownership Industry Expertise: 

Acquisitions and Due Diligence Deal Structuring Asset Management Capital Formation and Restructuring Finance Management Contracts Operations Development

Shareholder Derivative Suites Privatizations Damages Assessment Vacation Ownership Timeshare Fractional Ownership Right to Use Franchises

Litigation Experience:

• RCHFU, LLC et al v. Marriott Vacations Worldwide Corporation
• Flora Gillespie and Bruce Gillespie et al, vs St. Regis Club New York Inc., Starwood Hotels and Resorts Worldwide, Marriott International Inc. et al
• RCHFU LLC, et al vs. Marriott Vacations Worldwide Marriott Vacation Club, Ritz Carlton Hotel Management LLC et al
• Diamond Resorts International (Apollo Global Management) vs Select Plaintiff
• New York St. Regis Club Owners vs Starwood Vacation Club
• Eden Roc LLLP v. Marriott International Inc., et al., No. 651027/2012, N.Y. Sup., App. Div., 1st Dept.)

Background Experience - Jon R. Simon started his career at KPMG where he was elected to the partnership at the age of 31, making him the youngest full equity partner in the United States.  At KPMG he headed the firm’s hospitality and real estate consulting practice for the Southeast US, Latin America and the Caribbean focusing on hotels, mixed-use resorts and shared ownership.  He also served as a national acquisitions partner serving senior roles in some of the largest hospitality industry acquisitions.

Mr. Simon was recruited by Starwood Capital to be CEO of WorldStar Resorts, a hospitality investment company dedicated to the Vacation Ownership Industry.  In that capacity, Mr. Simon quickly grew the company from a start-up to over $100 million in annual revenues and 250 employees by the end of its first full year of operations.

After leaving Starwood, Mr. Simon was one of the 5 founding principals of a late-stage private equity fund oriented to the hospitality industry where he also assumed the role of Chief Investment Officer.  In his first full year, he oversaw the underwriting and closing of over $150 million of direct investments, representing over $500 million of asset value.

View Chasen Capital Advisors, Inc.'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

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:

1. International Tax Planning
2. Corporate Structuring, Maintenance and Trusts
3. International Contracts Law
4. Jurisdictions
5. Residency and Citizenship
6. International Banking
7. Logistic Support
8. Government Licenses
9. Aircrafts and Vessels
10. Intellectual Property 

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

As Co-Author of Anatomy of Credit Scores and Founder / President of Easy Credit Relief, Inc., Doug Minor focuses on helping and teaching people how to understand the credit system. Showing them the best ways to use credit and maximize their score. Doug has been reviewing personal credit reports and financial profiles of individuals for more than 30 years. He has happily been quoted and interviewed for articles appearing in FoxBusiness.com, Yahoo! Finance, and Entrepreneur Magazine. During this time he has enjoyed answering thousands of questions regarding credit scores and the information contained in credit reports. Having a pragmatic disposition as well a broad base of experience in business he has the unique knowledge and academics to assess damages. He has performed training classes to audiences of all levels of sophistication including Professional Groups, Lenders, CEO’s, and Consumers. As a respected Expert in Credit Related Damages, Credit Reporting, and Scoring he serves as a litigation consultant / expert witness for those involved in credit reporting, credit scores and quantifing the associated damages.

Daniel Reser is a trusted Fiduciary and Registered Investment Advisor. Prior to his role at Fiduciary Services, Inc., he served as Vice President and Manager for Wilmington Trust based in Santa Monica, CA, also of Bank of America, and Security Pacific Bank. Mr. Reser also has a JD from Southern Methodist University. In 1989, he graduated from the UCLA John Anderson Graduate School of Management Executive Program.

Mr. Reser is considered a highly effective and capable trust fiduciary due to his legal training, his extensive experience as a fiduciary for corporate reorganizations and retirement plans as well as his reputation for ethical business practices and pragmatic management style. He has been a corporate fiduciary for corporate securities and reorganization transactions as well as trustee and custodian of retirement plans for over 25 years. During his career, Mr. Reser has administered and managed a wide variety of Governmental, Corporate and Union Retirement Plans as plan trustee. His current role as principal of an investment advisory firm includes acting as Fiduciary for Company Stock in Retirement Plans including ESOPs.

Areas of Expertise:

• 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

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Michael B. Vaughn, through his company, Golden Age Advisory, provides analysis and testimony as an Expert Witness with extensive experience in Finance and Valuation of Real Estate and Mortgages, especially in Senior Housing.

Mr. Vaughn's background as Director of HUD’s 232 FHA insurance program, and years in senior positions in mortgage banking and government, give him unique credibility and expertise. Until January 2018, he was senior vice president, and originator of FHA and bridge loans for assisted living, skilled nursing, and other healthcare facilities for Walker & Dunlop, one of the largest commercial mortgage banking firms.

Mr. Vaughn originated or obtained portfolio approvals for over $1 billion in HUD, Fannie Mae, Freddie Mac, and proprietary bridge loans on Seniors, Healthcare and Multifamily loans in his career. He represented W&D and sourced new business relationships at numerous industry functions and successfully publicized W&D through quotes and articles in the Wall Street Journal, and senior housing industry publications.

Litigation Support - Mr. Vaughn is able to provide convincing analysis and testimony related to complicated financial cases in a way that is understandable to an average non-professional. Mr. Vaughn's experience testifying in both Federal and State Supreme Court trials.

Areas of Expertise:

Seniors Housing Independent Living Assisted Living Skilled Nursing Facilities Continuing Care Retirement Communities HUD FHA Multifamily Public and Section 8 Housing Finance FNMA FHLMC

CMBS / Bank and other Lender Financing Partnership Interests Mortgage Valuation Operating Business Valuation GSA Real Estate Procurement Loss of Income Valuation of Leaseholds Valuation of Contracts Investment Suitability

Services Include:

• Financial and Document Analysis
• Report Preparation
• Deposition
• Assistance in Deposition and Cross-examination of Opposing Witnesses
• Federal and State Court Testimony
• Mediation

View Golden Age Advisory's Business Consulting Profile.

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:

• Securitizations
• Derivatives
• Securities Law and Corporate Finance
• Loans and Credit Facilities
• Due Diligence