Daniel A. Strachman, CDDA, is a Financial Services Expert working on Wall Street for more than 25 years in various capacities. Mr. Strachman is Managing Director of A&C Advisors LLC, a firm that provides strategic advice and counsel along with fund governance services to the investment management industry. He serves as a director to both on-shore and off-shore investment vehicles and is a registered director under the Directors Registration and Licensing Law, 2014 of the Cayman Islands.
Litigation Support - Mr. Strachman served as an expert witness in a number of investment management litigation cases focused on fund marketing, redemption policies and structuring. A FINRA Registered Neutral Arbitrator, his services are available to attorneys for plaintiff and defendant.
Area of Expertise:
Hedge, Private Equity, Mutual Fund Product Development
Blockchain and Crypto Currencies
Distribution of Equities
Communications with Investors
Background Information - Mr. Strachman has worked at firms including Apex Funds Services, Morgan Stanley, Cantor Fitzgerald and Orbitex Financial Services Group. He is the Co-Founder of the Investment Management Due Diligence Association, an independent educational organization focused on setting best practices for both operational and investment management due diligence around the globe.
Mr. Strachman is formerly an adjunct professor at Rutgers University Business School where he taught graduate level courses on corporate finance and investment analysis. He has appeared on CNBC, Bloomberg, National Public Radio and the BBC. He is formerly an adjunct professor at New York University’s School of Continuing Education and has lectured at the New York Society of Security Analysts. He is a graduate of Clark University.
This book is revised and updated to address how the credit crisis, legislation, fraud, technology, investor demand, global markets, and the economic landscape have affected the industry.
Providing readers with a detailed and in-depth analysis of the world of hedge funds, the people working in it, and a look at where it's headed, the book is a timely and indispensable reference and research tool for helping professional money managers, traders, and others to launch and grow successful hedge fund businesses.
The hedge fund industry has been reeling in the wake of recent Ponzi schemes and insider trading scandals as well as the loss of billions of dollars in assets under management due to fund closures. This book focuses on the current state of the industry; how hedge funds did or did not survive the subprime and subsequent credit crisis; and, what the future holds for investors.
The hedge fund industry has been reeling in the wake of recent Ponzi schemes and insider trading scandals as well as the loss of billions of dollars in assets under management due to fund closures. This book, Third Edition focuses on the current state of the industry; how hedge funds did or did not survive the subprime and subsequent credit crisis; and, what the future holds for investors.
This book presents readers with a unique look at these investment vehicles, the people who run them, and those who provide services to them. This book is a detailed guide of the industry and offers rare access to hedge fund managers and industry participants. The book provides the reader with a real education about hedge funds, gaining a firm understanding of the industry.
Julian Robertson is one of the most successful and well-known hedge fund managers of our time. For nearly twenty years his infamous fund--Tiger Management--was the talk of the town, routinely delivering double-digit performance. This biography will explore this legendary fund manager's role in the development and popularity of hedge funds, examine his investment methodology and strategy, and look at the growth of his fund and his 'Tigers'--individuals who have gone on to great success themselves.
Beating the market is every investor's dream. Essential Stock Picking Strategies allows investors on Main Street to gain the consistent success (and profits) of the pros on Wall Street. Offering in-depth coverage of the most successful and popular strategies, including growth, value, and sector investing, this complete investment resource identifies successful stock-picking strategies and shares insights that help professional money managers make investment decisions.
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
Bankruptcy issues, including fraudulent conveyance
Advice to Special Committees of Boards
Due Diligence and Disclosure Issues
Damage issues and analysis
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)
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 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.
Bob Lawson, CSCP, 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 firm.
In addition, Mr. Lawson serves as a FINRA Mediator and presides as a FINRA & NFA Arbitrator, Chairman -Qualified 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 a Certified Securities Compliance Professional (CSCP), 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 active in the following organizations: 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 and Charter Financial Analysist (CFA) Society.
In the securities brokerage industry, "selling-away" refers to the prohibited practice of an Associated Person effecting or soliciting the sale of securities or investment products not held or approved with whom the broker is affiliated without prior written consent. FINRA regulators have seen a steady flow of selling-away cases over the years involving registered representatives who are being targeted by issuers, promoters and marketing agents to sell their nontraditional investment products to their retail customers. In many instances, promoters of these products are marketing them as non-securities products that do not have to be sold through a broker-dealer by a registered person. In a significant number of cases, associated persons have sold these investments to their customers away from the broker-dealer and without firm approval as required by FINRA Rule 3270. Selling-away often occurs in an independent branch or a satellite office, where Associated Persons are removed from the day-to-day oversight and supervision of their brokerage firm's compliance department.
I receive phone calls throughout the year from attorneys who have taken on their first FINRA case and they frequently are unaware how the FINRA Dispute Resolution process differs from other venues. I thought it would be helpful to provide a quick overview for new participants and a refresher for those more experienced securities attorneys on how the FINRA Arbitration and Mediation process works.
In FINRA-related cases many attorneys see discovery requests objected to by opposing counsel. Typically, opposing counsel objects to discovery requests citing that items requested are either "overly broad, vague, or ambiguous", or "impermissible per FINRA's Code of Arbitration Procedure". However, despite opposing counsel's reasoning, many objections to discovery requests are irrelevant and do not hold up in regard to FINRA's Code of Arbitration Procedure. Attorneys should not be intimidated or discouraged by these objections, but rather should understand that FINRA's guidelines concerning arbitration allow for most applicable and reasonably obtainable discovery information to be delivered.
John T. Foster is the President and CEO of Bedford and Main Financial Consulting, which provides specialized consulting services primarily for broker-dealers and RIAs. Bedford and Main is listed in the FINRA Compliance Vendor Directory.
Mr. Foster calls upon his in-depth knowledge of broker-dealer management, operations and compliance to offer expert opinions and testimony. He has testified for both sides of the legal table in civil cases and FINRA arbitrations, promoting high standards of fairness for broker-dealers.
Mr. Foster specializes in clearing services and industry infrastructure litigation, along with Anti-Money Laundering (AML) issues for broker-dealers. Prior to founding Bedford and Main in 2011, he worked for 13 years in level positions for a large, multi-national clearing firm, allowing him to develop expertise with foreign accounts and anti-money laundering issues. He later served as the President/CEO of an independent broker-dealer, where he was responsible for a retail-based business and online brokerage services. The experience provided John with a uniquely relevant understanding of core SEC and FINRA compliance issues, such as suitability, supervision, senior issues, churning, and written supervisory procedures. He is proficient in matters related to client and firm interactions with both Financial Advisors and Online firms.
Advantages of our litigation services:
Senior Level Experience - Decades of diverse high-ranking management experience in the broker-dealer industry.
Previously held Series, 3,7,24, 27, 63.
Still Actively Engaged – John's expert witness business is a natural extension of his core consulting services. He is a CAMS Certified Anti-Money Laundering Specialist who annually conducts many independent AML reviews. John is also certified as a FINRA Dispute Resolution Arbitrator
- It would not be possible to hold to our standards of supporting the industry if we were not selective as to specific issues and our ability to ethically provide an expert opinion.
As a consulting firm that focuses on broker-dealers (B-Ds), we often have discussions with clients, particularly new start-up firms, who are looking to understand the big picture of what makes up the industry. This paper will attempt to expand on some of the particular points noted by FINRA and to provide more color on industry trends related to the makeup, business models, and structure of the current broker-dealer environment.
Stefan Boedeker, PhD, is a Director with Berkeley Research Group, LLC (BRG,) specializes in the application of Economic, Statistical, and Financial Models to a variety of areas such as solutions to business issues, economic impact studies, and complex litigation cases.
Dr. Boedeker has extensive experience applying economic and statistical theories to class action related matters. His experience also includes applying economic and statistical theories and methodologies to employment related matters such as discrimination, wrongful termination, and wage and hour cases.
Dr. Boedeker provides Consulting and Expert Services to clients across a wide range of industries, including Healthcare, High Technology, Entertainment, Manufacturing, Retail, Real Estate, Insurance and Financial Services, and Federal, State and Local Governments. He has issued expert reports and has given deposition and trial testimony in state and federal court.
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:
Property and casualty Insurance
Retirement, IRAs & Pensions
Broker Malpractice / Bad Faith
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.
For the first time, end-of-life issues and the impact of the loss on the insured is the topic. Most of my writings concern insurance in one form or another. I have discussed the many types of insurance, what to look for in each policy, what coverages are available. I've written about what to expect from an insurance company, an agent, or a broker.
It's a daunting decision, whether or not you need to pay for an insurance expert when you have an insurance claim. Typically, you would just contact your broker to handle things. And while this might be the right and necessary decision, your broker represents the insurance company. That means they work for them, not you. If you're in a fender bender, then calling your broker or agent is most likely the best first step. The truth is that you may be able to handle the matter yourself. Once you make the call and file the claim, the insurance company's adjuster will come out, take note of the damage, assign a value and pay you. If your body shop disagrees with the claims adjuster, they can call the adjuster, file a subsequent claim, and handle the matter for you.
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:
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 as 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
Mascara falsely labeled as being natural. Label claims “Natural” fibers on mascara are alleged and proven to be false. Class action filed and DMA Economics is tasked with computing aggregate damages to the class who purchased the mascara at a premium because they believed it was natural.
The fund managers were alleged to have violated their fiduciary duty to maintain proper diversification in the fund by allowing one particular security to make up more than 25% of fund value and up to over 40% of fund value by mid-2015.
This article finds evidence consistent with the hypothesis that managers consider personal risk when making decisions that affect firm risk. I find that Chief Executive Officers (CEOs) with more personal wealth vested in firm equity tend to diversify. CEOs who are specialists at the existing technology tend to buy similar technologies. When specialists have many years vested, they tend to diversify, however. Poor performance in the existing lines of business is associated with movements into new lines of business.
As a forensic accountant and testifying expert in the areas of Fraud, Business Valuation, and Economic Damages, Ted Phelps excels in following the money – no matter where the trail leads.
During his four decades as a financial problem solver, Phelps has built a reputation for integrity, diligence, and leadership. He has testified as an expert witness in both federal and state courts. When working as a court-appointed neutral, he assists the court in carrying out its orders, performs forensic investigations, and reports his findings.
His testimony has been critical to the outcome of many significant cases. For example, Phelps was instrumental in a fraud/forensic investigation that led to a verdict of $21,000,000. He also performed a court-ordered forensic study involving a 14-year reconstruction of books and records on eight single asset real estate entities, conclusively proving that plaintiff's allegations of fraud were false.
Phelps is skilled in the fields of insolvency, reorganization, and restructuring. As a court-appointed fiduciary, he has completed dozens of business receiverships, many of which involved fraud and shareholder oppression issues.
As the founder and president of FVLS Consultancy, Phelps developed and taught a forensic accounting course at California State University, Los Angeles. He currently teaches classes in Accounting and Fraud Investigation at Whitworth University in Spokane, Wash.
Phelps earned his M.B.A. from Whitworth University and his B.S. in Accounting from the University of Southern California, Marshall School of Business. He also studied Engineering at the United States Naval Academy. He is a member of the Association of Certified Fraud Examiners and the National Association of Certified Valuation Analysts.
Jeffrey Ketchum, CRA, is an Executive Recruiter and Executive CompensationConsultant with 28 years of executive level (C-level, VP & Director) search consulting experience for small, middle market and Fortune 500 companies. He has global executive research experience in North America, South & Central America, Europe and the Asia Pacific region.
Mr. Ketchum's expertise is in leadership advisory, strategic talent planning, succession planning, executive talent attraction, executive compensation, management appraisal & executive assessment, and executive & managerial development. He has personally completed 200 engagements focused on executive recruiting, executive marketability, executive compensation and executive assessment (skills, competencies, experiences, performance).
Mr. Ketchum is a Graduate of Cornell University's Advanced Program for Executive Search & Leadership Consulting. He is AESC Certified Researcher/Associate (CRA) through the Association of Executive Search and Leadership Consultants, the official representative of the industry to the US Government and European Commission.
Litigation Support - Mr. Ketchum is available for select expert witness engagements, consulting (non-testifying), strategy, and litigation support. He asseses executive experience, skills, and performance for divorce, negligence, personal injury cases (future lost earning capacity or wage loss), shareholder suits, whistleblower and wrongful termination cases. He opines on issues related to executive earning capacity, executive employability, executive job search analysis, and (un)reasonable compensation.
As an Executive Recruiting and Executive Compensation expert witness, cases may include:
The career path, opportunities, and compensation plaintiff would likely have had if not injured;
Whether an individual used reasonable efforts to find substantially equivalent employment;
The long-term impact on an individuals career because of an employment termination;
Whether defendant was negligent in vetting candidates which contributed to damages
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.