Testimony Engagements

United States District Court, Eastern District of Louisiana, United States of America vs Glenn Diaz, Peter J. Jenevein, and Mark S. Grelle.

  • Bank lending practices.
  • Borrower borrowing practices.
  • Report filed March 13, 2023.

United States District Court, Southern District of Florida, Miami Division, Javier Alonso LLamazaras, MD vs JPMorgan Chase Bank, NA.

  • Third-Party Checks, fraudulent endorsements, bank obligation to payee.
  • Report filed October 2022, deposed.

Jefferson District Court, Kentucky, The Estate of Phyllis Worrall by Executor James Worrall vs JP Morgan Chase Bank, N.A. as Trustee.

  • Remedies for breach of fiduciary duty.
  • Application of Civil Money Penalties.

United States District Court In And For The District of Utah, Northern Division, America West Bank Members, LC vs The State of Utah Acting through the Utah Department of Financial Institutions.

  • Failed bank seizure.
  • Grounds for receivership.
  • Report Filed, Deposed February 28, 2022.

Arbitration before American Arbitration Association, Pelican Capital LLC vs. RTI Manager LLC, (August 2021).

  • Loan underwriting and loan administration practices relative to industry standards.
  • Wrongful loan defaults and losses.
  • Report Filed, Deposition, Arbitration Hearing.

Administrative Law Judge, Office of Financial Institution Adjudication, OCC vs. Richard Usher (July 2021).

  • Spot FX Trading, Market Manipulation, Unsafe and Unsound Activity.
  • Prohibition from Banking and Personal Civil Money Penalty.
  • Report Filed, charges against defendant dismissed with prejudice.

The Court of Chancery of the State of Delaware, Insurance Commissioner of the State of Delaware, as Receiver for Freestone Insurance Company vs. US Bank National Association as Trustee for Destra Unit Investment Trust, and Companion Reinsurance Trust.

  • Duty of Care, obligation to act, speak, or take other action.
  • Reports Filed, Deposed March 2021.

The Iowa District Court for Polk County, Luana Savings Bank vs. The Federal Home Loan Bank of Des Moines (May 2021).

  • Wrongful credit line reduction based on clients “safety and soundness,” and “creditworthiness.”
  • Report Filed, Case Settled.

The Court of Chancery of the State of Delaware, Receiver of Indemnity Insurance Corporation, RRG, In Liquidation (Plaintiff) vs. Branch Banking and Trust Company, as Successor to Susquehanna Bank (December 2020).

  • Loan transaction evaluation for economic substance, possible fraud.
  • Filed Report, Deposed, Case Settled.

The Court of Common Pleas, Philadelphia County, Bancorp (Plaintiff) vs. Michael Yaron, Harrise Yaron, and Jarrad Yaron Individually and doing business as Yaron Properties, Friedman LLP, 218 Arch Street PL, by its general partner 218 Arch Street LLC, Oxford Construction and Development Corp., Oxford Construction of Pennsylvania, Inc., Bagell, Josephs, Levine & Co., and Cambridge Environmental & Construction Corp. (Defendants) (2017).

  • Loan structuring, underwriting, administration, collateral reliance, credit administration and credit risk management relative to industry standards and regulatory expectations.
  • Report filed October 2, 2017, deposed.

The Court of Chancery of the State of Delaware, Caspian Select Credit Master Fund., LTD, Caspian Capital Partners, LP, Mariner, LDC, Mariner Opportunities Fund, LP., a Delaware limited partnership on behalf of themselves and derivatively by Caspian Select Master Fund LTD. And Mariner, LDC, on Behalf of Key Plastics Corporation, Plaintiffs, vs. Wayzata Investment Partners, et al. and Key Plastics Corporation, Defendants. Consulting expert. (2016).

  • Credit analysis, credit risk determination and pricing for risk, lender liability and fair dealing.

United States District Court for the Middle District of Pennsylvania, Fidelity and Deposit Company of Maryland, Plaintiff, vs. First National Community Bancorp., First National Community Bank, et al. Defendants (2016).

  • “Examination privilege” and other regulatory rules regarding disclosure of nonpublic supervisory information.
  • Board responsibilities, insider lending.
  • Supervision and enforcement processes.
  • Report filed, deposed, case settled.

 

United States District Court for the Middle District of Alabama, Northern Division, Colonial Bancgroup, Inc. and Kevin O’Halloran, Plaintiff, vs. PricewaterhouseCoopers LLP and Crowe Horwath LLP, Defendants. Filed expert report on behalf of Plaintiff. (2016).

  • Troubled institution identification, remediation, and resolution.
  • Prompt Corrective Action, grounds for receivership, source of strength.
  • Regulatory capital and liquidity insolvency determination.

United States District Court for the Middle District of Alabama, Northern Division, In re: Federal Deposit Insurance Corporation as Receiver for Colonial Bank, Inc., Plaintiff, vs. PricewaterhouseCoopers LLP and Crowe Horwath LLP, Defendants. Filed expert report on behalf of Plaintiff. (2016).

Confidential arbitration between the Parties. Filed expert and rebuttal reports, deposed, arbitration hearing. (2015 and 2016).

  • Troubled Debt Restructuring, A/B Note Structures, regulatory loss recognition,
  • GAAP and regulatory accounting and impairment and loss recognition.

United States District Court for the Northern District of Georgia Atlanta Division Civil Action 1:14-CV-03498-TCB, filed an expert report and was deposed. (2015).

  • Melanie E. Damien as Receiver for the Estate of Aubrey Lee Price; PFG, LLC, et. Al (Plaintiff) versus Nelson, Mullins, Riley and Scarborough, LLP (Defendant).
  • Testified for the defendant as a bank regulatory expert regarding the Federal Reserve’s Bank Holding Company Application Process.

Confidential arbitration between the Parties. Filed expert and rebuttal reports and deposed. (2014)

  • Troubled commercial real estate loan risk recognition and regulatory ratings, and loss recognition.
  • Appraisal review and reevaluation practices, methodologies, and regulatory expectations for determination of “fair value” of collateral.
  • GAAP and regulatory accounting and impairment and loss recognition.

Fact Witness for FDIC in a case of the creditors of AmTrust Financial Corporation versus the FDIC. Deposed. (2014).

Expert Witness for Jackson Hewitt in a case regarding alleged wrongful and illegal credit marketing practices in the State of West Virginia. Filed an expert report and was deposed. (2007/2008).

Expert Witness for First Bank Delaware in a case involving alleged unfair and deceptive marketing practices. Filed an expert report. (2007).

Testimony to the House Financial Services Committee on behalf of the Association for American Finance Companies, regarding Hurricane Katrina. (2005).