Securities Litigation Expert Witnesses

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.

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 Managing Principal of Barrington Financial Consulting Group, Inc, a 12-person Securities Litigation and Consulting Expert firm.

In addition, Mr. Lawson serves as a FINRA Mediator and presides as a FINRA & NFA Dispute Resolution Chairman for disputes concerning investors, financial services professionals, broker-dealers, and dually-registered investment advisers. Claims often arise regarding breach of fiduciary duties, securities fraud, 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 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.

Bob is an active in the following organizations:  Vice-Chairman - Master Registered Financial Consultants |  Mentorship and Practice Management Chair - Securities Experts Roundtable | Twin Cities Certified Fraud Examiners Association, Membership Chair - Minnesota State Bar Association ADR Section

Areas of Expertise:

• FINRA Expert Witness
• Securities Expert Witness
• FINRA Arbitration
• Breach of Fiduciary Duty
• Liabiity Expert
• Promissory Notes
• Securities Fraud Investigations
• Ponzi Schemes
• Options, Stocks & Bonds
• Due Diligence
• 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.

  

Wayne Citron has 45 years of experience as an expert in Forensic Reconstruction of Insurance Transactions. He is an insurance expert and consultant.

Litigation Support - Wayne Citron specializes in policy interpretation of the rules, laws, and regulations governing insurance and financial matters. His services are available to attorneys representing plaintiff and defendant and include effective reports, affidavits, depositions, and testimony as needed.

Areas of Expertise:

Insurance Bad Faith Insurance Customs and Practices Insurance Health / HMO / Disability

Insurance - Life & Annuities Property / Casualty Insurance Insurance Agents & Brokers - Standard of Care

Mr. Citron established the Citron Agency and CMC Advisors Inc. in 1972, where his duties included executive and managerial responsibilities, sales, service, compliance with all insurance matters as well as securities laws and regulations. Both firms are leaders in life, health, disability and property and casualty insurance.

Mr. Citron is an expert in all forms of insurance, including:

Life Insurance Health Insurance Property and casualty Insurance Disability Insurance Annuities Retirement, IRAs & Pensions

Flood Insurance Broker Malpractice / Bad Faith Profit Sharing Group Coverage Self-insurance Insurance Laws / Regulations

Mr. Citron has served as an instructor for Prudential Insurance Company Brooklyn Agency (1973) educating personnel in general insurance matters, underwriting, and insurance law. He has worked with companies including Prudential Insurance Company, United States Life Insurance Company, North American Company for Life and Health Insurance, American General Life Insurance Company, William Penn Life Insurance Company, American Life Insurance Company, Chubb Insurance Company, Travelers Insurance Company, Mass Mutual Insurance Company, John Hancock Insurance Company, and American International Group (AIG), among other.

View CMC Advisors' Consulting Profile.

Scott S. Miller, MBA, ASA, ABV, specializes in Business Valuation and Transaction Consulting for small to middle market companies. He has over 35 years of professional business experience that ranges from senior operations management with publicly-traded companies to handling all aspects of operations in small privately-held manufacturing and service businesses.

Along with an MBA from the University of Houston, Mr. Miller achieved the Accredited Senior Appraiser (ASA) designation from the American Society of Appraisers, the Accredited in Business Valuation (ABV) certification from the American Institute of Certified Public Accountants and has over 15 years of business / financial asset valuation and consulting experience. He is currently serving as Region 3 Governor for the American Society of Appraisers and is past President of the Houston Chapter for the ASA.

Prior to the formation of Convergent Capital Appraisers in 2007, Mr. Miller held positions with McClure, Schumacher & Associates, RR Donnelley Financial, several positions/locations with Bowne & Co., Inc., and Industrial Screenprint, Inc. 

Litigation Support - Mr. Miller provides expert witness services to attorneys for plaintiff and defense in need of appraisal services. His expertise is in business valuation of closely-held businesses and the appraisal of fractional interests of equity holders. His services include thorough review and reporting, depositions, and trial testimony as needed. 

Business valuation and appraisal services have been provided for a variety of purposes including, but not limited to:

Family Law Matters Shareholder / Equity Holder Litigation Buy-Sell Agreements

Buy-Sell Transactions Business Damages Estate and Gift Tax Matters

View Scott S. Miller's Consulting Profile.

Donald M. May PhD, CPA, Managing Partner at DMA Economics, LLC, possesses over 30 years of Valuation and Economic Damages experience. He implements a broad range of damage analyses and valuations for clients, including billion-dollar investment funds under SEC investigation as well multi-national firms involved in intellectual property disputes, consumers in product mislabeling cases, and small to mid-sized businesses involved in complex commercial litigation.

Background Experience - Prior to founding DMA Economics LLC, Dr. May was Managing Director at Berkley Research Group and the Principal in charge of valuation and litigation support services for a regional accounting firm, a Managing Director for PricewaterhouseCoopers, and a professor at the Massachusetts Institute of Technology - Sloan School of Management. He has performed over 200 valuations of closely held businesses across numerous industries for financial reporting and estate planning.

Dr. May has been published in several distinguished academic and practitioner journals such as The Journal of Finance, The Quarterly Review of Economics and Finance, Hedge Fund Law Review, and is currently an editorial board member of The Journal of Business Valuation and Economic Loss Analysis.

Litigation Support - Dr. May is a world class expert in the Valuation of Damages. Dr. May has prepared expert reports and testified in federal and state courts as well as AAA, JAMS, and FINRA arbitration hearings, and has also effectively communicated as an expert witness testifier and consultant in several multi-million dollar cases.

Recent Litigation Matters:

• Misrepresentations in Leveraged Buyout (“LBO”) Financing Practices
• Theft of Trade Secrets, Trade Dress, and Intellectual Property
• Food Product Mislabeling
• Securities Fraud Under SEC Section 10b-5 and Section 11
• Accounting Misstatements in Public and Private Company Acquisitions
• Lost Profits and Lost Enterprise Value Associated with Product Defects and Breach of Contract

View DMA Economics' Consulting 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:

Liability Damage Calculations Out-of-Pocket Damages Market-Adjusted Damages Well-Managed Account Inappropriate Asset Allocation Over Concentration Suitability Breach of Fiduciary Duty Trading Analysis Uniform Prudent Investors Act Portfolio Management Security Analysis

Risk Management Elder Financial Abuse Wasteful Dissipation of Marital Assets Due Diligence Misrepresentations and Omissions Negligence Failure to Supervise Due Diligence Stocks, Bonds, Options and Futures Mutual Funds Hedge Funds Exchange Traded Funds (Inverse and Leveraged)

Ian Allport, principal at Radical Software & Consulting Inc., has over 30 years of experience in the Financial Services and Information Technology industry.

Background Experience - For over 25 years Mr. Allport worked in various roles in the financial services industry. He has experience in developing applications for many business types and has operated at many different levels of responsibility including project management, application design, and programming. In those roles, he provided technology solutions and was intimately involved in the creation of new business platforms. At all times, Mr. Allport has been strongly aligned with the business operations in companies.

Litigation Support - Since 2000, Mr. Allport has provided litigation services for legal firms throughout the United States and Canada in the area of infringement of intellectual property, namely: Patents, Copyrights, and Theft of Intellectual Property. His cases have included subject matter related to:

• Financial Service Applications
• Health Care Services
• Medication Dispensing Software
• ATM and Point of Sale Transaction Processing
• Check Image Processing

Areas of Expertise:

Patents - Ian Allport has extensive experience in automated trading, including algorithmic and high frequency technology. These skills have been utilized on cases including Reuters vs. Bloomberg, LLC in a patent infringement litigation and a case of potential patent infringement involving automated execution platforms. Mr. Allport creates and examines claim charts, provides input to attorneys evaluating the validity of a patent, and performs detailed code and processing analysis of an application that potentially violate a patent.

Copyrights - To determine if a copyright has been violated, Mr. Allport utilizes analytical skills including abstraction, filtration and comparison, standards of substantially similar, look and feel protection, virtually identical analysis, and a detailed examination of the processes used in conjunction with the potential violating application. These tasks culminate in a report detailing whether or not the copyright was violated and, if so, the manner in which it was done including the use of copyright case history to highlight how conclusions were drawn.

Theft of Intellectual Property - Mr. Allport examines motives, defendant skill sets, opportunity, and the systems in question to determine if IP theft has occurred. Extensive reports are created based on his findings.

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:

Expert Witnesses Testimony and Report Litigation Process Support Mediation Class Certification Consulting

Complex Data Analysis  Damages Calculations Engaging World Class Expert Advisory 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: 

Asset Management Alternative Investments Private Equity Investments

Securities Lending Retirement and Pensions Real Estate / Project Financing

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:

Finance Anti-Money Laundering Bank Secrecy Act Compliance

Financial Crimes Risk Management Regulatory Compliance AML / BSA Risk Management

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:

Market, Credit and Counterparty Risk Operational Risk Risk Model Development and Validation

Risk Management and Compliance Portfolio Management Asset and Liability Management

ValueScope, Inc. is excited to announce that Tom McNulty joined the firm on April 27, 2020 as a Principal and Managing Director who will launch our Houston Office.  Tom’s responsibilities include financial consulting, valuation analysis, transaction and dispute advisory, and expert testimony.  In addition to serving as the Managing Director of the Houston office, Tom will assume the position of Energy Practice Leader.

Tom McNulty has 25 years of experience working across numerous industries as well as the entire energy value chain.  He draws on a rare combination of industry, banking, consulting, and government experience to provide his clients with transaction, financial advisory, litigation, and valuation opinion services.  Tom is a nationally recognized energy industry expert and is a frequent contributor on CNBC, Fox Business, and Bloomberg TV.  In addition to his deep knowledge and experience in the energy industry, Tom is well respected for his expertise in derivatives pricing and valuation.

As an advisor, and in his corporate career, Tom has delivered more than $52 billion in transaction, valuation, restructuring, and litigation projects, much of which is energy related.  He has also advised on, or executed, $13 billion in M&A and principal investment deals, and executed or valued more than $14 billion notional in derivative instruments.  His expert litigation work has included shareholder disputes, business valuation, derivatives and hedging, bankruptcy and restructuring matters, and economic damages assessments.  

Tom holds the prestigious CQF (Certificate of Quantitative Finance) and FRM (Financial Risk Management) designations and received his BA from Yale University and MBA from Northwestern’s Kellogg School with various honors.

Tom can be reached at tmcnulty@valuescopeinc.com and at 832-472-3717.

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