Catherine Ghiglieri, former Texas Banking Commissioner, has more than 25 years bank regulatory experience, including 18 years with the Comptroller of the Currency. Ms. Ghiglieri has provided banking expert witness testimony in Federal and State Courts throughout the country. Ms. Ghiglieri founded Ghiglieri & Company, a full service consulting firm, which provides strategic planning, management studies, director training, and assistance with bank regulatory agencies. Ms. Ghiglieri co-founded The Bank Directors' College which provided training for bank directors and is co-author of The Ultimate Guide for Bank Directors, The Ultimate Guide for Bank Directors, Revised Edition and Boardroom Strategies for Financial Institutions.
Services:
Ms. Ghiglieri provides expert witness testimony on the following subjects:
- Bank regulatory practices of the FDIC, OCC, Federal Reserve, and state banking departments
- Banking industry standards
- Banking practices and procedures
- Federal and state banking laws and regulations
- Bank fraud and Ponzi schemes
- Check fraud & check kiting
- Deposit account procedures
- Directors' and officers' fiduciary duties
- Corporate governance
- Fraud detection procedures
- Bank internal controls
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Qualifications:
Ms. Ghiglieri is the former Texas Banking Commissioner and has over 25 years of bank regulatory experience, including 18 years with the Comptroller of the Currency. As Texas Banking Commissioner, Ms. Ghiglieri was responsible for the supervision of the third largest state banking system in the United States, and the regulation of trust companies, foreign bank agencies, prepaid funeral contract providers, sale of check licensees, and money transmission businesses. She served as statutory receiver for failed trust companies, prepaid funeral contract providers and perpetual care cemeteries. Ms. Ghiglieri directed the statutory modernization of all statutes under the Texas Banking Department, most notably, revision of Texas’ 50-year-old banking laws. She made numerous appearances before the U.S. Congress and the Texas Legislature providing testimony on subjects such as financial modernization, and bank and funeral regulation.
Education:
University of Notre Dame - BBA in Finance
Georgia State University - JD
Licenses:
Member of the State Bar of Georgia and the District of Columbia Bar.
Strategic planning has always been an important function of the board of directors, but it takes on an even more critical role when under the regulatory microscope. The OCC announced that, for the remainder of 2016, it will continue to focus on strategic risk, as banks change their business models to adapt to innovative products and services.
Ten years ago, I wrote an article on how banks could minimize their litigation risks. Unfortunately, many of the same schemes are present today as they were ten years ago, such as check fraud, check kiting, elder abuse, bookkeeper fraud, and construction loan fraud. Today, cybersecurity and other high-tech risks are consuming bankers' attention in order to reduce their operational and reputational risks. While these issues are important, here are a few of the low-tech ways in which banks can minimize their litigation risk.
Many banks need to add new board members because some are reaching a mandatory retirement age or because others who agreed to stay through the financial crisis now want to rotate off the board. Banks need to keep in mind that they will be under close scrutiny by any prospective candidate who will be conducting due diligence on the bank at the same time the bank is conducting due diligence on the candidate. In order to ensure your bank can attract top candidates for board positions, consider the following before beginning the recruiting process:
Directors in community banks are usually picked for two reasons: their expertise and their ability to bring business into the bank. Upon taking their places at the board tables, however, directors immediately learn that while bringing business into their bank is a laudable goal, they also have to ensure that their bank operates in a safe and sound manner. Directors, thus, walk a fine line between these two goals.
Strategic risk is currently a focus of regulatory scrutiny and the board of directors should understand what it is and how to manage it. Strategic risk is the risk to a bank's earnings and capital from making poor business decisions, from not implementing business decisions properly, or from failing to respond to industry changes.
As more and more banks are being downgraded to a problem bank status in this difficult economic environment, they are facing the prospect of a regulatory enforcement action.
Corporate governance refers to the manner in which a company is directed by its board of directors. With the collapse of such companies as Enron, WorldCom, and others, there has been greater scrutiny of corporate governance and the manner in which boards of directors make decisions affecting their companies.
For almost thirty years, bank regulators have operated under the Too Big To Fail (TBTF) Doctrine, whereby insolvent large banks are treated differently than insolvent community banks by keeping the large banks open and closing the community banks. Now is the time to do away with TBTF once and for all
Bankers are hearing horror stories about examiners’ demands and are confused as to how to plan for their next examination. What should they focus on? And will those things be the wrong things when the examiners come into their bank
Catherine A. Ghiglieri and Jewell D. Hoover
Many directors come to the boardroom without prior governance experience and navigating the many challenges can seem daunting. The strategies discussed in this book range from how to artfully frame questions to get the best response from management to how to “wedge your place setting” at an already crowded boardroom table.
Written by two former bank regulators who have also served on financial institution boards, Boardroom Strategies for Financial Institutions provides practical guidance and applications for most governance situations in the boardroom.
It is a must have for new and experienced board members.
Catherine A. Ghiglieri and Jewell D. Hoover
The Ultimate Guide for Bank Directors, Revised Edition provides bank directors with practical advice and updated information, including on Basel III, CFPB, cybersecurity and risk management, to guide the bank in a safe and sound manner.
Catherine A. Ghiglieri and Jewell D. Hoover
This book provides bank directors with a roadmap for navigating the challenges facing banks today.
Danny F. Dukes and Associates, LLC is a Forensic Accounting Firm that specializes in expert witness and litigation support services. We have investigated fraud and various financial transactions. We are extremely knowledgeable in all aspects of laws pertaining to financial transactions and lending transactions.
Tony Wayne, CPA, CFF, CVA, CIRA, is a Certified Public Accountant with over 25 years of private industry senior operations experience.
