Banking Finance Expert Witness

SUMMARY

Expert holds a B. A. degree in Economics and Business Administration from Rutgers University, and attended the Bernard M. Baruch School of City University of New York, majoring in Finance and Investments. In 1968 he joined the Bankers Trust Company, 16 Wall Street, New York until 1974 when he joined Union Bank, Los Angeles. In 1979, he entered the field of Independent Banking, specializing in rehabilitating troubled banks. He has been the President, Chief Executive Officer and a Director of three different independent banks and a policy-making officer of financial institutions for over twenty years. He has spoken before numerous industry, consumer, legal and banking groups on the subject of banking, standards and practices, and business finance and his expertise has earned him guest appearances on Fox News, the Bill Handel Show (KFI Radio) among others as well as media interviews and presentations for attorneys on finance and lender liability.

In 1992 he was elected President of the California Independent Bankers Association, the state association representing 260 banks across the state of California. Expert is the sole owner of Capital Finance, a licensed and bonded commercial finance and consulting concern established in 1987 providing expert witness consulting and testimony on the subject of banking, commercial finance, factoring, equipment leasing, and real estate finance. He has consulted on behalf of some of the world’s largest banks (including seven of the ten largest U. S. bank holding companies) and corporations and in more than 150 cases. He has qualified as an expert witness at trial in nine different states.

BACKGROUND

Owner – Capital Finance (1987-present). Capital Finance is bonded and licensed by the State of California as a Commercial Finance Lender. Established, financed, marketed this commercial finance company specializing in Expert Witness Testimony and consulting to banks on the improvement and secondary marketing of loan portfolios, collection and/or outplacement of troubled borrowers and loans, SBA financing, Accounts Receivable financing and Factoring, and loan placement.

Banking Executive Experience – (1979-2000). From September 1979 through July 2000 I specialized in rehabilitating troubled banks of up to $425 million in assets. I served as a senior, policy-making officer at six banks including service as President, Chief Executive Officer and a Director at three different national banks. Specializing in commercial and asset-based lending, I also had overall responsibility for all aspects of those banks including establishing and writing all policies and procedures, profit and loss, operations, regulatory relationships, line and staff departments and coordination with Directors, Shareholders, Counsel and external auditors. Subordinate officers and departments supervised included the Chief Financial Officer, the Chief Credit Officer, Asset-Based Lending departments, Construction Loan departments, Equipment Leasing departments, Credit Card departments, Internal Audit departments, Branches, Credit Analysis departments, Consumer Loan departments, Correspondent bank relations, Loan Participations, Letters of Credit, establishing and writing bank policies, procedures, and all operations of the bank.

Prior employment as Commercial Loan Administration – Four years as Vice President & Team Leader (Regional Head Office), Union Bank, Los Angeles, California (1974-1979). Responsible for all commercial lending with a staff of 85 personnel. Personally responsible for administration and management of the single largest account in that office (annual borrowing volume of $85-million).

Other Banking Experience – Six years employment as Assistant Vice President and Assistant Treasurer with Bankers Trust Company, 16 Wall Street, New York, New York (1968-1974).

EDUCATION

Rutgers University, BA, 1968, Majors: Economics and Business Administration; Graduate Training – Bernard M. Baruch School of The City University of New York, Majors: Finance and Investments.

ACTIVITIES

• Chairman/President of the California Bankers’ Council (former)- State organization for California of the Independent Bankers Association of America representing 260 California banks.
• Region IX Chairman for the IBAA Political Action Committee (California and Hawaii).
• Board of Directors (former) for the Commercial Finance Conference of California.
• President, Financial Service Group, City of Hope
• Named Small Business Advocate of the Year by the U. S. Small Business Administration
• Testified before the Securities & Exchange Commission, State Banking and Finance Committee and as an expert witness.
• Acted as the exclusive loan agent for SBA loans for four separate Southern California Commercial Banking and Savings Institutions.
• Principal in Software Development Company that wrote and leased specialized SBA and Construction Loan Accounting software to Banks in 12 Western States.
• Senior Consultant to Valley Economic Development Center, Inc., the leading non-profit intermediary in Southern California.
• Member of Round Table Group Scholars Fellowship
• Member of Gerson Lehrman Group Financial Services Council
• Member of Technical Advisory Services for Attorneys Network
• Member of Intota Expert Services Network
• Member of Expert Resources, Inc. Network
• Member of Coleman Research Group Executive Forum
• Former Licensed California Commercial Finance Lender for more than 20 years
• Advisory Director – Sunrise Community Bank
• Panelist – “Lender Default on Commercial Construction Loans: Legal Strategies for Mitigating Developer Losses and Negotiating New Financing” presented January 8, 2009 by Strafford Publications, Inc.
• Panelist – “Lender Liability: Evaluating, Minimizing and Defending Claims, Defending Against Attacks on Loans in Workout, Default and Bankruptcy” presented August 12, 2009, March 16, 2010 by Strafford Publications, Inc.
• Performed external credit examinations on four unrelated commercial banks.
• Master Broker for Sunrise CommuityBank, Palm Desert, California
• Directors’ and Loan Officer Training for Sunrise Community Bank, Palm Desert, California
• IMS Expert Services Elite Program
• Member of the Board of Directors & Secretary/Treasurer – Foxstone Homeowners Association
• Evaluserve Circle of Experts
• Qualified as an Expert Witness in nine different states
• Consulted for six of the ten largest U. S. bank holding companies
• Represented the Bankruptcy Trustee for the third largest Ponzi scheme in history
• Lawyer Monthly Expert Witness 2021 Award

SEMINARS

Federal Deposit Insurance Corporation – Bank Simulation Course.
Rapport Leadership International – Graduate of Leadership Breakthrough and Power Communication.

PUBLICATIONS

Available on full CV

Areas of Specialization

• Bank Policies and Procedures Lender Liability
• Standards of Practice Regulatory Procedures, Influence & Issues
• Forensic Commercial Lending Commercial Loans
• Accounts Receivable Financing Factoring
• Construction Loans Commercial Mortgages Equipment Loans
• Bankruptcy
• Fairness/ Interest Rates Fraud/ Dischargeability
• Standards of Conduct Breach of Covenants
• Negligence/Gross Negligence Breach of Fiduciary Duties
• Loan Evaluation & Administration Good Faith
• Commercial Finance Factoring
• Purchase Order Finance
• Credit Analysis Equipment Leasing
• Banking Regulations & Laws Consumer & Credit Reporting Laws
• Bank Operations Loan Participations, Syndications & Documentation Troubled Debt Restructuring Practices & Loan Workouts Loan Portfolio Purchases & Sales
• Collection Practices Loan Commitments

Qualified as an Expert in:

• California
• Hawai’i
• Colorado
• Massachusetts
• Michigan
• Nevada
• New Mexico
• New York
• Wisconsin

Retained by Seven of the Ten Largest U. S. Bank Holding Companies and
Sixteen New York Stock Exchange Listed Companies