Banking Consultant & Banking Industry Standard Procedures, et al., Expert Witness
Woodstock, Georgia 30188
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Expert WitnessForensic ExpertLitigation SupportSpeaker
Mr. Don Coker provides the following services:
Banking expert witness, banking industry standards opinions, fiduciary duty opinions, good faith opinions, fair dealing opinions, commercially reasonable opinions, mortgage banking industry standards opinions, lender liability, FACTA expert witness, subprime mortgage expert witness opinions, credit card expert witness, credit report expert witness, bank fraud expert witness, check fraud expert witness, credit card fraud expert witness, and all banking areas, offering banking expert witness services to banks, financial institutions, corporations, attorneys, and attorney's individual litigants nationwide. All areas including subprime loans, credit cards, bank fraud, business fraud, checking account fraud, residential real estate, commercial real estate, business and asset valuation, economic damages, financial statements, white-collar crime, due diligence, investment banking, merger, acquisition, international business, wire transfers, credit lines, intangible asset appraisal, IP appraisal, patent appraisal, website appraisal, core deposit intangible appraisal, intellectual capital, savings and loan industry standards, finance, real estate, trusts and estates litigation, probate litigation, money laundering, business ethics. Title insurance policy issues, title insurance industry standards, mortgage loan closing procedures, closing protection letters, closing agent responsibilities, issuing agent responsibilities, real estate mortgage loan settlement procedures, and related title insurance issues.
Areas in which Don Coker has provided opinions and services include Banking Industry Expert, Bank Consultant, Banking Industry Standards, Banks, Bankruptcy Preference, Fiduciary Duty, Commercial Reasonableness, Duty of Care, Good Faith, Honesty in Fact, Bank Policies and Procedures, Directors and Officers Liability Insurance (D&O), Bank Accounts, Anti-Money Laundering, AML, Refco, Credit Damage, Finance, Business Valuation, Asset Appraisal, Intellectual Capital Appraisal, Core Deposit Intangible Valuation, Intangible Asset Valuation, Intellectual Capital, Class Action, Fairness Opinions, Fraud, Embezzlement, Checking Accounts, Credit Card Fraud, Credit Reports, Discounted Cash Flow Analysis, Identity Theft, Wire Transfers, Mortgages, Investments, Securities, Loans, Home Improvement Loans, Economic Damages, Lost Wages, Real Estate Consultant, Commercial Real Estate Feasibility, Hotel Feasibility, Hospital Feasibility, International Business, Lender Liability, Financial Statements, Money Laundering, Trusts, Estates, Probate, Feasibility Studies, Corporate Intelligence, Financial Research, Economic Research, White Collar Crime, Due Diligence, Investment Banking, Mergers & Acquisitions, Corporate Debt Restructuring, Interim Manager, Turnaround Manager, Temporary Manager, Crisis Manager, Corporate Governance, Ethics, Truth in Lending Act, Class Action, Savings and Loan Industry Standards, Check Cashing, Litigation Assistance, Testimony and Expert Witness Services.
Litigation Support Services
Mr. Coker provides expert testimony and litigation support services to banks, financial institutions, insurance companies, corporations, attorneys, and attorney's individual litigants nationwide. Plaintiff and Defense. Knowledgeable in structuring discovery requests and preparing attorneys for depositions, including providing deposition questions, and attending depositions so as to provide on-the-spot guidance as to areas of inquiry and specific questions.
Often called on to research a particular subject, perform a survey, etc.
Areas of Expertise
Attorney Checkscams, Business Valuation, Credit Damages, Wire Transfers, SWIFT, Securities, Bank Custodial Services, Real Estate Closing Fraud, Construction Loans, Credit Unions, Loan Servicing, Force Placed Insurance, Fiduciary Duty, Au7tomobile Floor Plan Lending, Money Laundering, White Collar Crime, Bonds, FACTA, Credit Card Processing, Due Diligence, Check Cashing, Loan Participations, Elder Financial Abuse, Bank Directors and Officers Litigation, Garnishment, Spousal Guaranty, Foreclosure, LIBOR Manipulation, Mortgage Repurchase Demand, Bond Trustee Litigation, Retail Installment Sales Contracts, Bank Security.
Mr. Coker provides expert consultation, fact examination and analysis, advice, Affidavits, Declarations, reports, and sworn testimony at deposition and in court or arbitration for parties engaged in litigation involving all areas of banking and finance.
Mr. Coker's expert witness experience and background includes over 685 cases for plaintiffs and defendants nationwide, 173 testimonies (134 depositions and 39 courtroom or arbitration testimonies), and several courthouse settlements in all areas of banking, finance, FACTA issues, real estate, lender liability, economic damages, identity theft, business valuation, intangible asset valuation, credit card operations and merchant issues, and many related matters going back to 1989. He is privileged to be listed in the databases of expert witness consultants recommended by their members to the databases of both the Defense Research Institute and the American Association of Justice.
His clients have included 8 of the country's top 10 banks, 112 banks worldwide including 14 of the top 45 banks in the world, 71 of the country's top 400 law firms, 50 insurance companies, 8 of the country's top 10 mortgage banking companies, and numerous governmental clients including many banking regulators (FDIC, RTC, FSLIC, and others), IRS, USAID, U.S. Air Force, State of New York, State of Texas, World Bank, International Accounting Standards Board, and hundreds of others.
Mr. Coker's employment experience includes Citicorp and entities that are now JPMorgan Chase Bank, Bank of America, and Regions Financial, as well as Ford Motor Credit and a two-year stint as a high-level governmental financial institution regulator.
Mr. Coker holds a B.A. degree from the University of Alabama, and completed postgraduate education or executive education at Alabama, the University of Houston, Southern Methodist University, Spring Hill College, and the Harvard Business School.
In addition to banking and finance-related litigation consulting, Mr. Coker provides consulting services in many additional areas including business valuations, business plan writing, feasibility studies, marketing studies, anti-money laundering policies and procedures, policy and procedure manuals for financial institutions and other businesses, merger and acquisition due diligence and assistance, research, and many other related areas.
As part of his wide-ranging consulting activities, Mr. Coker has been called on by clients in 37 countries for work assignments involving 66 countries.
Mr. Coker is widely published on banking and financial subjects (1 book and over 100 articles), and is often sought out by the media for interviews and comments.
Mr. Coker serves clients worldwide from his office in the metro Atlanta, Georgia USA area.
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1986 - Present: Banking, Management & Economic Consultant, Woodstock, GA.
? Consulting engagements covering a broad range of activities such as governmental financial institution regulatory oversight, interim management, workout and restructuring of troubled loans and foreclosed properties (residential and over 100 commercial properties), business & asset valuation, intangible asset valuation and issues, bank income tax issues, core deposit appraisals, merger & acquisition assistance, due diligence, business plans, management advice, policy and procedure manual matters, international engagements for clients in 38 countries involving work in 67 countries, writing & editing business books, feasibility studies, marketing studies, research, commercial real estate studies & advice, training & educational activities, and investment advice to investment managers, private equity funds, and hedge funds.
? Expert Witness engagements nationwide for 74 of the country’s top 400 law firms and hundreds of others representing plaintiffs and defendants nationwide and covering all areas of banking, mortgage banking, attorney check scams, business valuation, intellectual property valuation, securities, investments, economics, economic damages, trusts & estates, residential and commercial real estate, credit card operations and merchant issues, FACTA cases, check and credit card fraud, identity theft, funds transfers, international matters, leasing, bankruptcy preference, management, credit, finance, and general business. Over 660 cases, 170 testimonies.
1985 - 1986: Executive Vice President, Manager of Lending & Mortgage Banking, Board of Directors Member, Home Savings (now Citigroup), Houston, TX. Number Two Executive. Also involved in investments, deposit activities, and credit cards. Officer of several subsidiary companies. Member of Loan Committee, Executive Committee, Audit Committee, et al. Restructured the management responsibilities of several departments, increasing production, efficiency, and staff utilization. Completed a $118 million (2015 USD) Collateralized Mortgage Obligation loan securitization transaction through Salomon Bros. Improved profits and reduced delinquencies.
1984 - 1985: Senior Vice President, Manager of Lending & Mortgage Banking, First Federal Savings (later Guaranty Bank, now BBVA Compass Bank), San Antonio, TX. Number Two Executive. Also involved in investments, deposit activities, and credit cards. Increased lending activities 40% in one year while reducing delinquencies and without adding to headcount.
1983 - 1984: Southwest Regional Manager, Ford Motor Credit Corp., Houston, TX. Manager of commercial real estate finance, and some financing with car dealers.
1977 - 1983: Regional Manager, Commercial Credit Company (now Citigroup), Houston, TX. Manager of commercial and residential real estate financing for the southwest, and formally trained & involved in all financial products offered by the $16.8 billion (2015 USD) company. Chosen to open the company’s first commercial real estate lending field office. Top business producer every year. Received the company’s largest bonus ever awarded - twice.
1974 - 1977: Manager of Commercial Real Estate Lending and Mortgage Banking, Southwest Bancshares (later Bank One, now JPMorgan Chase Bank), Houston, TX. Also involved in the origination and administration of construction loans, deposit & investment activities for lending clients including wealthy foreign nationals, corporate & personal lending, and credit card operations. Created and managed a commercial mortgage banking entity for a multi-bank holding company.
1973 - 1974: Assistant Regional Manager & Assistant Treasurer, Citicorp Real Estate, Houston, TX. Mortgage banking and construction lending for Citibank, N.A. (NY), and deposit, investment, and trust activities for wealthy foreign clients. Helped establish a new office in Houston, including staffing and the formulation of operating policies & procedures. Primary territory covered seven states, and operated nationwide & internationally. One of Citicorp’s youngest officers ever. Top business producer.
1972 - 1973: Loan Officer & Manager of Lending Department, Gibraltar Savings (now Bank of America), Houston, TX. At age 26, managed the day-to-day lending operations of Texas’ largest S&L (55th largest in the U.S.). Handled construction & subdivision development loans, joint-ventures, commercial property lending, REO management, and high-volume builder accounts. Completed & implemented several bonus-winning workflow efficiency improvement projects for various departments.
1968 - 1972: First National Bank of Mobile (later AmSouth, now Regions Financial), Mobile, AL. Mortgage and real estate specialist in the Wealth Management area of the Trust Department. Trained and worked in all areas of the bank including checking & savings, credit, corporate lending, mortgage lending, mortgage servicing, personal lending, operations, check processing, audit, international, investments, trusts & estates, corporate pension plan management, portfolio management, registered stock transfer agent & registrar, corporate bond trustee & registrar, fiscal & paying agent, bank security, credit card ops, ACH, and funds transfers.
No current licenses.
Previously licensed as a real estate broker (and appraiser) in Texas for ten years.
Approved by the State of Texas to write and teach real estate courses.
Approved by the State of Texas to serve as a Regulatory Supervisory Agent banking regulator.
Certificate in Business Valuation from the Harvard Business School.
Legal Experience & Services
Began expert witness work in 1989. Engaged for over 685 cases for plaintiffs and defendants nationwide in 49 states. Engaged by hundreds of law firms including 75 of the country's largest 400 law firms. Quoted by prominent Federal Appeals Court Judge Richard A. Posner in one of his banking case opinions.
No Present Professional Affiliations in Order to Avoid Any Possible Appearance of a Conflict.
Previous Professional Affiliations Include:
American Bankers Association
American Institute of Banking, Chapter Officer and Bank Consul
U.S. League of Savings Institutions
Institute of Financial Education, Instructor
Mortgage Bankers Association
Texas Mortgage Bankers Association
American Council of State Savings Supervisors
American Bankruptcy Institute - Committees: Public Companies, Real Estate, International, U.C.C., Commercial Fraud Taskforce, Healthcare.
Board of Realtors
National Association of Homebuilders
International Council of Shopping Centers
Houston (TX) Chamber of Commerce, Economic Development Committee, 9 years
Approximately 20 years as a high-level banker with lending, investment, deposit, operations, and management responsibilities; and over 20 years as a worldwide independent banking consultant including over two years as a high-level governmental banking regulator, and nationwide expert witness.
Awards & Honors
Gibraltar Savings Association - Awarded several bonuses for workflow improvement programs.
Citicorp - Top Business Producer. Youngest corporate officer ever.
Commercial Credit Company - Top Business Producer. Awarded the company's highest bonus ever awarded - twice.
Seminars & Training
American Bankers Association - American Institute of Banking: financial statement analysis, accounting, corporate finance, bank investments, principles of bank operations, bank management, trusts.
National Institute of Real Estate Boards, real estate investment & finance.
International Council of Shopping Centers, shopping center finance & valuation.
National Hospital Ass’n., 1-week workshop, healthcare entity finance & valuation.
Mortgage Bankers Association, two workshops: multi-family and SFR lending.
Federal Home Loan Bank of Dallas, training workshops on financial institution management, lending, investments, operations, et al.
Texas Savings & Loan Department, training workshops on financial institution management, lending, investments, operations, et al.
Federal Home Loan Mortgage Corp., real estate financing workshop.
Real Estate Workouts Conference, Laventhol & Horwath, July 1987.
First National Bank of Mobile, AL (later AmSouth Bancorporation, now Regions Financial), financial statement analysis, business finance, bank investments, credit card operations, deposit operations, bank management, trusts.
Gibraltar Savings Association (now Bank of America), commercial real estate finance, valuation, joint-ventures.
Citicorp, business, corporate and real estate finance, valuation, deposit products, investments.
Southwest Bancshares (Later Bank One, now JPMorgan Chase Bank) business finance and real estate investments.
Commercial Credit Corp. (now Citigroup), one-week Corporate Marketing Conference covering in-depth training in all financial products, plus 28 CDC Learning Center courses in business and economic subjects.
Frost Bank, advanced credit analysis and business finance.
One book and over 100 articles.
Seventy-five of the country's top 400 law firms.
IRS - 7 cases.
FDIC - Four expert witness cases and several interim management and consulting engagements.
University of Alabama, BA, 1968.
University of Alabama, 1968, Post-graduate work in finance, economics, real estate, and accounting.
University of Houston, 1973, Post-graduate work in finance, valuation, real estate law.
Southern Methodist University, Executive Education courses in Construction Lending, Loan Syndication and Securities, 1983-1984.
Spring Hill College, 1995-1996, Master's degree-level liberal arts and ethics courses.
Harvard Business School, Executive Education, Certificate in Business Valuation. 2005.
Extensive Professional Training in seminars, workshops, and on-the-job education.
Articles Published by Don Coker
Servicemembers Civil Relief Act Class Action Litigation: An Expert Witness's In-Depth Analysis and Comments
Renowned Banking and Financial Expert Witness Don Coker lists some of the important nuances of the Servicemembers Civil Relief Act, and explains how some details important in this class action litigation manage to get lost in the weeds. The Act was enacted in 2003 as a revision of the Soldiers' and Sailors' Civil Relief Act of 1940, and has been modified numerous times since its initial enactment. For lawyers (of which I am not one), you can find the Act at 50 U.S.C. Sections 3901-4043. The Act applies to active duty military, and covers financial items such as credit card interest rates, residential leases and security deposits, mortgage interest rates and foreclosures, life and health insurance, financial contracts and respossessions, storage liens, and default judgments.Read Article
Expert Witness Assistance in Business Interruption Insurance Claims Litigation Due to COVID-19 Factors
Renowned Nationwide Banking and Financial Expert Witness for Plaintiffs and Defendants Don Coker explains some of the important nuances of Business Interruption Claims for litigation involving COVID-19 factors, which vary a great deal from case to case. The issues are compounded by many policies being tailored to individual business's needs. Another layer of complexity is added by courts in the various states adding their own varying interpretations to important terms and features of Business Interruption Insurance policies.Read Article
Expert Opinions on Variable-Rate Demand Obligation Litigation Over Collusion Allegations and Resulting Damages
Renowned Banking, Financial, and Securities expert witness Don Coker - who has served as an Expert for eighteen municipalities, states, and other taxing authorities nationwide, 115 banks, and over 1,000 other clients including the Internal Revenue Service (seven times), and as a trustee of a governmental taxing authority, and a banker and trust department executive that has bought and sold bonds of all types - explains some background and important nuances of municipal bond Variable-Rate Demand Obligations (or Variable-Rate Demand Notes) for litigation.Read Article
Important Industry Standards in Financial Litigation Involving Renegotiating or Modifying a Credit Agreement
Renowned Nationwide Banking and Financial Expert Witness Don Coker explains some of the important nuances of credit agreement renegotiation and modification that can become important issues in financial litigation over the status of lender claims on first-lien collateral.Read Article
Banking Expert Witness Advice on Lending Industry Standards Helpful in Factoring Litigation
Factoring is a financing method that companies use in order to raise working capital by selling the company’s accounts receivable to a financial institution or other factoring source.Read Article
Banking and Financial Expert Witness’s Insights on Systemically Important Financial Institution Litigation
Renowned banking and finance expert witness consultant Don Coker calls on his experiences as a consultant and expert witness in high-stakes banking and financial institution litigation for over twenty years for clients including the U.S. Government, the IRS, financial services companies including over 105 banks, and others as he defines and explains some of the factors and important nuances that will be important in financial litigation that results from the recent MetLife SIFI court decision.Read Article
Panama Papers Litigation: Banking, Funds Transfer, Tax Haven & Anti-Money Laundering Expert Witness’s Insights
Renowned banking and finance expert witness consultant Don Coker calls on his experiences as an expert witness in anti-money laundering litigation for the U.S. Government, financial services companies, and the IRS as he defines and explains some of the factors that will be important in financial litigation that results from the information disclosed in the Panama Papers.Read Article
Industry Standards When Testifying on Banking and Mortgage Issues in Bankruptcy Court Litigation
An explanation of some of the important nuances of Bankruptcy Court testimony - in contrast to testimony in state or federal court - on banking and mortgage issues.Read Article
Banking and Mortgage Industry Standard and Practices Useful in Loan Index Change Litigation
A look at some of the important nuances of banking and mortgage banking litigation involving the mechanics of loan index changes.Read Article
Decoding SWIFT, Fedwire & CHIPS Wire Transfer Messages for Banking Funds Transfer Litigation
Many banking and financial lawsuits hinge on what is stated in Fedwire, SWIFT, and CHIPS wire transfer messages moving funds into and out of bank accounts.Read Article
Industry Standards for Financial Institution Loan Loss Reserve Issues and Accounting Firm Litigation
A look at some of the important nuances of loan loss reserves and bank accounting practices that often are important in litigation involving accounting firms.Read Article
Industry Standards for Loan Participation Litigation
As a lender that has sold and bought many loan participations, and as a banking regulator that has had the job of making sense of and straightening out many loan participations that have gone bad, I have experienced just about everything that exists involving loan participations.Read Article
Bank Trustee Fiduciary Duties in Securities and Mortgage Litigation Cases
An example and discussion of a report for a recent Bank Trustee fiduciary duty case involving complex mortgage and securities issues.Read Article
Expert Insights on the New Industry Standards in 401(k) Plan Sponsor Fiduciary Duty Litigation
Renowned Banking Expert Witness Don Coker looks at the recent Supreme Court decision in Tibble v. Edison International and what it means for the future of 401(k) plan fiduciary duty litigation.Read Article
Litigation Involving Private Money, Hard Money, Commercial Lenders, and Alternative Lenders
The author, renowned nationwide banking and finance expert witness Don Coker, explains some of the important issues that arise in litigation involving private lenders and credit companies.Read Article
Standards for Establishing Business Interruption Economic Damages Claims for Litigation
The author explains some of the important nuances of establishing business interruption economic damages for an insurance claim or for litigation.Read Article
Expert Advice on Loan Quality and Management Considerations in FDIC Directors and Officers Litigation
Renowned nationwide banking expert witness for plaintiffs and defendants in 525 cases - including 8 regulatory Directors and Officers Liability cases - former high-level banking executive, high-level banking regulator, and banking consultant to over 90 banks, Don Coker, explains some of the important nuances of loan quality and institutional management issues important in litigation involving nationwide banking and savings institution industry standard policies, practices and procedures.Read Article
Expert Witness Advice on How to Demonstrate and Prove Economic Damages in LIBOR Manipulation Lawsuits
Renowned nationwide banking and economic damages expert witness for plaintiffs and defendants in over 500 cases, former high-level banking executive, high-level banking regulator, and banking consultant to over 80 banks and numerous municipalities and other governmental entities, Don Coker, explains some of the important nuances of establishing and quantifying economic damages in Libor manipulation litigation.Read Article
Defending RMBS Lawsuits Alleging that Banks and Mortgage Companies Misled Investors Regarding Lending Standards
Renowned nationwide banking expert witness for plaintiffs and defendants in over 500 cases, former high-level banking executive and banking regulator, and banking consultant to over 80 banks, Don Coker, explains the most effective methods for defending against lawsuits alleging violations of nationwide mortgage banking industry standard policies, practices, principles and procedures for underwriting, originating, selling, and servicing mortgage loans and Residential Mortgage-Backed Securities.Read Article
Real Estate Appraisal Nationwide Industry Standard Practices and Procedures Important in Banking Litigation
Renowned nationwide banking, lending, and mortgage banking expert witness, former high-level banking executive, high-level banking regulator, and banking consultant to over 80 banks Don Coker explains some of the important nuances of nationwide banking industry standard policies, practices, principles and procedures of the real estate appraisal industry as they relate to mortgage and banking litigation.Read Article
Expert Witness Advice on Bank Holding Company Structure Issues Important in Banking Litigation
Renowned nationwide banking expert witness, former high-level banking executive, high-level banking regulator, and banking consultant to over 80 banks Don Coker explains some of the important nuances of nationwide banking industry standard policies, practices, principles and procedures of bank holding company structure that are important to keep in mind during litigation.Read Article
Expert Witness Advice on Defending Securities Litigation Involving SEC Rule 10b5-1 Insider Trading Issues
A renowned financial expert witness, former high-level banking and investment portfolio management executive and board member, banking regulator, and nationwide consultant to 80+ banks and investment management companies explains important nuances of how non-attorney investment and banking professionals view nationwide industry standard policies, practices, principles and procedures involved in defending alleged insider trading litigation claiming a violation of the SEC’s Rule 10b5-1.Read Article
Set-Off Industry Standard Policies, Practices, Principles and Procedures Important in Banking Litigation
Renowned nationwide banking expert witness consultant, former high-level banker and governmental banking regulator Don Coker explains some important issues in the often misunderstood procedure of Set-Off as it arises in banking litigation. When a bank has a loan to a borrower, the borrower will not pay, and the borrower has money in a bank account that is held at the same bank, the lender may elect to use its right of Set-Off to seize funds in the bank account and use the funds to pay the debt.Read Article
Expert Witness Assistance in Real Estate, Mortgage and Financial Fraud Scams Using a Straw-Man or Straw-Borrower
Renowned nationwide banking expert witness, former high-level banking executive, high-level banking regulator, and banking consultant to over 75 banks Don Coker explains some of the important nationwide banking industry standard policies, practices and procedures encountered in fraud scams that utilize straw-man and straw-borrower parties in real estate, mortgage, sale closing, mortgage closing, title, and financial fraud schemes.Read Article
Corporate Officer Financial Responsibility and Authority in Bank Account and Related Financial Matters Litigation
Renowned nationwide banking expert witness, former high-level banking executive, high-level banking regulator, and banking consultant to over 75 banks Don Coker explains nationwide banking industry standard policies, practices and procedures that are important factors in litigation involving corporate officer financial responsibilities and authority in bank account and related financial matters.Read Article
Asset-Based Lending Nationwide Industry Standard Practices and Procedures Important in Business Litigation
Renowned expert witness, experienced asset-based lender and former high-level banker and banking regulator Don Coker explains nationwide industry standard policies, practices and procedures for asset-based lending at institutional and private lending entities.Read Article
Automobile Retail Installment Sales Contract Details Important in Car Financing Litigation
Renowned nationwide banking expert witness, former high-level banking executive, high-level banking regulator, Ford Motor Credit officer and banking consultant to over 75 banks Don Coker explains some of the important nuances of banking and lending litigation involving nationwide industry standard policies, practices and procedures for the handling of automobile retail installment sales contracts.Read Article
Credit Card Processing, Merchant Account and Merchant Agreement Details Important in Credit Card Litigation
Former high-level banking executive, high-level banking regulator, banking consultant to over 75 banks, and renowned nationwide banking expert witness Don Coker explains some of the important nuances of banking litigation involving nationwide industry standard policies, practices and procedures for credit card and debit card processing and merchant accounts.Read Article
Bond Insurer Litigation v Residential Mortgage-Backed Securities (RMBS) Issuers over Alleged Misrepresentation
Former high-level mortgage banking executive, high-level banking regulator, banking consultant to over 75 banks, and renowned nationwide banking expert witness Don Coker explains some of the important nuances of mortgage banking and securitization litigation involving representations and warranties, repurchase demands, and due diligence nationwide industry standard policies, practices and procedures important in bond insurer litigation.Read Article
Expert Witness Assistance in Bankruptcy Preference Defense Cases Due to Ordinary Course of Business Payments
Renowned expert witness Don Coker discusses nationwide industry standard practices and procedures in bankruptcy preference defense cases due to payments made in the ordinary course of business from the viewpoint of an expert witness who is a former banker experienced at corporate finance for all types of businesses.Read Article
Repurchase & Buyback Demands, Representations and Warranties Claims in Residential Mortgage-Backed Securities
Former high-level banking executive, high-level banking regulator, consultant to over 75 banks, and renowned nationwide banking expert witness Don Coker explains some important factors in banking, mortgage banking, and mortgage-backed securities litigation involving repurchase and buyback demands based upon alleged breach of representation and warranty claims contained in the documents creating the business relationship between the mortgage loan originator and the purchasing lender or investor.Read Article
Subordination Agreement Nationwide Industry Standard Practices and Procedures Important in Banking Litigation
Former high-level banking executive, high-level banking regulator, banking consultant to over 75 banks worldwide, and renowned nationwide banking expert witness Don Coker explains some of the important nuances of banking nationwide industry standards and practices involving subordination agreements and related litigation.Read Article
MF Global, Securities, and Commodities Firms' Industry Standard Fiduciary Duty to Safeguard Clients' Funds
Former high-level financial executive and governmental financial institution regulator, veteran expert witness called on in over 500 cases, expert consultant to over 75 banks worldwide, and expert witness consultant in the Refco case Don Coker explains some of the important nuances of litigation involving fiduciary duties to safeguard client funds and keep them separate from the investment management firm’s operating funds.Read Article
Bank Corporate and Municipal Bond Trustee, Registrar, and Stock Transfer Agent Fiduciary Duty Litigation
The author, renowned nationwide expert witness Don Coker, explains some of the important nuances of banking litigation involving bank trust departments acting in various capacities for several different types of securities.Read Article
Elder Financial Abuse Litigation Claims Against Banks and Mortgage Lenders
The author, renowned nationwide banking expert witness Don Coker, explains some of the important nuances of banking litigation involving claims of Elder Financial Abuse.Read Article
ZIP Code Collection Litigation Pursuant to California’s Song-Beverly Credit Card Act & Similar Acts Nationwide
The author, renowned nationwide banking expert witness Don Coker, explains some of the important issues and considerations for defendants and plaintiffs in ZIP code collection litigation.Read Article
Automobile Floor Plan Loan Industry Standards and Practices Important in Litigation
The author, renowned nationwide banking expert witness Don Coker, explains nationwide industry standard practices and procedures for automobile floor plan lending.Read Article
Economic Factors Important in Noncompete Agreement Litigation
The author, renowned nationwide banking and financial expert witness for plaintiffs and defendants in over 500 cases, Don Coker, discusses nationwide industry standard practices and procedures for noncompete agreements and how to establish economic damages.Read Article
Credit Union Litigation Issues Involving Nationwide Industry Standard Practices and Procedures
The author, renowned nationwide banking expert witness Don Coker, explains several common areas of credit union litigation.Read Article
Credit Damages Fundamentals for Litigation
Recognizing, establishing and effectively demonstrating Credit Damages in litigation requires a comparative view of the damaged person’s or entity’s situation before and after the proximate cause, and a present value calculation to yield a current damages figure that incorporates estimated future damages, as explained by renowned nationwide banking and economic expert witness Don Coker.Read Article
Financial Fraud & Embezzlement Investigations & Prevention in Businesses, Divorces, Estates, Trusts & Probate
The author, renowned nationwide banking expert witness Don Coker, discusses financial fraud and embezzlement committed by employees as well as financial fraud and embezzlement in divorce, partnerships, estates, trusts, probate, and bankruptcy situations; and nationwide industry standard practices and procedures for avoiding many of these problems.Read Article
Catastrophic Economic Damages Valuation Methodology Issues in Insurance Claims and Litigation
How to recognize, establish and effectively demonstrate the various elements of Catastrophic Economic Damages for litigation is explained by renowned nationwide banking and economic expert witness Don Coker.Read Article
European Volcanic Ash Cloud Economic Damages Factors that Are Important in Damages Calculations and Litigation
How to recognize, establish and effectively demonstrate Economic Damages in litigation over the Eyjafjallajökull European Volcanic Ash Cloud airline disruptions is explained by renowned Banking and Economic Damages Expert Witness Consultant Don Coker who was chosen to serve as the economic damages expert witness for the 900 business owners in New Orleans’ Lower Ninth Ward and St. Bernard Parish and that were damaged by the Ingram Barge’s Industrial Canal breach during Hurricane Katrina..Read Article
Defending Electronic Funds Transfers Act Missing ATM Sticker Litigation
Renowned nationwide banking expert witness Don Coker explains some important issues that impact Electronic Funds Transfer Act litigation over missing ATM stickers or decals.Read Article
Economic Damages Factors from the BP Deepwater Horizon Explosion and Oil Discharge into the Gulf of Mexico
How to establish and effectively demonstrate for litigation the various elements of Economic Damages that resulted from the BP Deepwater Horizon Explosion & Oil Discharge is explained by renowned nationwide Banking & Economic Damages Expert Witness Don Coker who was chosen to serve as the economic damages expert witness for the 900 business owners in New Orleans’ Lower Ninth Ward and St. Bernard Parish and that were damaged by the Ingram Barge’s Industrial Canal breach during Hurricane Katrina.Read Article
Economic Damages Fundamentals and Industry Standard Practices for Litigation
How to recognize, establish and effectively demonstrate Economic Damages in litigation is explained by renowned nationwide banking and economic damages expert witness Don Coker who was chosen to serve as the economic damages expert witness for the 900 business owners in New Orleans’ Lower Ninth Ward and St. Bernard Parish and that were damaged by the Ingram Barge’s Industrial Canal breach during Hurricane Katrina.Read Article
Banking Industry Standards and Practices for Funds Wire Transfers by Fed Wire, CHIPS, SWIFT, ACH, and EFT
The author, renowned nationwide banking expert witness Don Coker, provides an informed inside view on important and confusing issues that often arise in banking litigation and business litigation involving funds wire transfers by Fed Wire, CHIPS, SWIFT, Automated Clearing House transactions, and Electronic Funds Transfers, and how to handle them in litigation.Read Article
Defending Foreclosure Class Action, Mortgage Loan Modification, and Attorneys General Lawsuits
State Attorneys General and other entities have filed class-action lawsuits against many mortgage investors and mortgage servicers over alleged foreclosure errors, alleged missing documents, alleged business practices that they do not like, mortgage loan modifications, and other matters. Renowned nationwide banking expert witness Don Coker explains some important issues that impact defending these class action lawsuits.Read Article
Proving a Case in Litigation Against Rating Agencies Standard & Poor’s, Moody’s, and Fitch
The author, renowned nationwide banking and mortgage banking expert witness Don Coker, explains from a banker's and valuation professional's viewpoint how to analyze one of the major supporting issues that impacts Rating Agency Litigation involving mortgage-backed securities.Read Article
Banking & Mortgage Litigation Involving Missing Loan File Documents and Foreclosure Errors
A renowned nationwide mortgage banking expert witness explains that mistakes occur in banking, like all businesses. When a missing documentation or foreclosure error is found, it should be corrected as quickly and accurately as possible. Like other businesses, banks follow established industry standard procedures utilizing the universal economic principle of division of labor in correcting documentation problems, and follow up with a ratifying, authorizing signature on the foreclosure documents.Read Article
Defending Bank Garnishment Litigation Filed Against Banks and other Financial Institutions
The author, renowned nationwide banking expert witness Don Coker, explains some important issues and banking industry standard policies, procedures, and practices that impact bank garnishment litigation.Read Article
Mark to Market Considerations in Banking Asset and Liability Valuation and Bank Accounting
The author explains some important issues that impact the Mark to Market debate taking place today.Read Article
Economic Substance and Banking Aspects of Custom Adjustable Rate Debt Structure CARDS Tax Shelter Transactions
Banking consultant, former high-level governmental banking regulator, and renowned banking expert witness consultant Don Coker explains some important economic substance and banking issues in CARDS tax shelter litigation.Read Article
Expert Witness Advice on Prosecuting & Defending Bank Director & Officer Liability Lawsuits Filed by the FDIC
The author, a veteran expert witness for the government and defendants in extensive FDIC D&O litigation in the previous banking crisis, explains some of the important issues in director and officer liability litigation, and how to handle them.Read Article
Banking Litigation Involving Check Fraud, Bookkeeper Embezzlement, and Checking Account Administration Issues
The author, renowned nationwide banking expert witness, former banking executive, and former governmental banking regulator Don Coker, explains some important banking issues and nationwide banking industry standard policies, procedures, and practices that impact employee check fraud embezzlement litigation.Read Article
Spousal Guaranties in Business Lending Litigation
The author discusses the sometimes tricky area of spousal guaranties in business lending. Federal Reserve Regulation B prohibits lenders from requiring that a spouse guarantee a loan simply because she or he happens to be the spouse of a person applying for credit.Read Article
Banking Litigation Involving Check Deposits Made at a "No-Envelope" or Imaging ATM
The author explains the process of how check deposits made at no-envelope, image-capable ATMs work, and discusses important issues that often arise in banking litigation involving check deposits made at these ATMs, plus some related forged endorsement issues, and how to handle them.Read Article
Measuring Bank Capital and Bank Financial Health
The author draws on his experience as a high-level banking executive, high-level banking regulator, and regulatory-appointed interim manager of several insolvent institutions in this explanation of measuring bank capital and bank financial health.Read Article
Litigation Over the Calculation & Application of Mortgage Loan Payments, Late Fee Charges & Escrow Accounts
Many disputes between borrowers and mortgage lenders have at their root the question of how mortgage payment amounts should be applied to the loan balance. Other lawsuits arise over questions involving escrow accounts and the payment of insurance premiums and property taxes.Read Article
Anti-Money Laundering Laws and Practices for Banks, Individuals, and Corporations Involved in AML Litigation
The author discusses the requirements of the United States’ anti-money laundering laws and the banking industry’s standard practices and procedures for implementing these legal requirements. He also explains some related principles of offshore banking, wire transfers, Know Your Customer, Economic Substance, and other pertinent practices related to anti-money laundering issues and litigation.Read Article
Letters of Credit, Bills of Lading & International Trade Finance Documentation Issues Important in Litigation
The author explains from a banker’s and financial professional’s point of view factors that must be taken into account by attorneys handling litigation involving letters of credit, bills of lading, documentary collection, international trade finance documentation, offshore transactions, offshore finance, transfer pricing, international business entities, multinational business entities, and other related subjects.Read Article
Litigation Involving Offshore Banking, Offshore Bank Accounts, Offshore Finance, Trade Finance, and Tax Havens
Court-recognized banking, anti-money laundering, and taxation expert witness and former banking regulator Don Coker explains from a banker’s and financial professional’s point of view factors that must be taken into account by attorneys handling litigation involving offshore banks, offshore bank accounts, offshore finance, offshore transactions, transfer pricing, international business entities and finance, multinational business entities, tax havens, wire transfers, and many related subjects.Read Article
Construction Lending Industry Standard Practices Applicable to Construction Loan Litigation
The author, and experienced lender and expert witness, explains the industry standard process of how construction loans and acquisition and development loans are originated and administered.Read Article
Broker Price Opinion and Property Inspections Practices and Procedure for the Mortgage Industry
The author explains some of the details of property inspections and Broker Price Opinions that are often misunderstood and become the subject of disputes between borrowers, mortgage lenders, and mortgage servicers.Read Article
Bank Security Principles and Issues Important in Bank Robbery-Related Litigation
Bank robberies are traumatic for those involved and sometimes lead to litigation. The author, an experienced nationwide banking expert witness, explains some of the nationwide industry standard policies, procedures, practices, and considerations in bank security, as well as measures that can be implemented to improve bank security, including the employment of security guards that can be utilized to reduce the chances of a bank robbery occurring in the first place.Read Article
Litigation Involving Bank Trust Departments, Wealth and Investment Management Nationwide Industry Standards
Having faced just about every issue that can come up in the fields of bank trust departments, wealth management, and investment management involving estates, trusts, and probate, the author, renowned nationwide expert witness Don Coker, shares his insights on many of these recurring issues and nationwide industry standard practices and procedures.Read Article
Why We Need Fannie Mae and Freddie Mac, and How to Resurrect Them
The author explains the difficult situation with Fannie Mae and Freddie Mac and how to restore them to their useful place in our financial funding system.Read Article
Considerations in Defending State Attorneys General Class Action Lawsuits Against Mortgage Lenders
In response to the unusually high levels of delinquency rates and foreclosure rates for mortgage loans, including subprime mortgage loans, the attorneys general of several states have filed class-action lawsuits against some of the country’s higher profile mortgage lenders. However, the situation may not be as simple as the state attorneys general see it.Read Article
Defending Fair Debt Collection Practices Act and Fair Credit Reporting Act Litigation
Debtors pursued by companies that have purchased their delinquent debt often file a counter claim or other lawsuit against the owner of the debt.Read Article
Considerations in Defending Banking and Financial Class Action Lawsuits and Multi-District Litigation
Important factors in banking and financial class action lawsuits alleging economic damages and credit damages.Read Article
Mortgage Banking and Mortgage Loan Servicing Industry Standard Practices and Procedures
The author explains some of the industry standard practices and procedures in use in the mortgage banking and mortgage loan servicing industries.Read Article
Toxic Bank Asset Valuation Principles
Sometimes, you just have to wonder what a loan officer and a loan committee were thinking when they approved and originated a particular loan. People that have the authority to approve loans have to have the courage to, as Nancy Reagan put it, “Just Say No,” when the answer fits the loan request.Read Article
Mortgage Banking & Loan Servicing Industry Standard Practices & Procedures in Wrongful Foreclosure Cases
Renowned Banking and Lending Expert Witness Don Coker Presents An Explanation of the Banking, Loan Servicing, and Mortgage Banking Industry Standard Policies, Practices and Procedures in the Foreclosure of Real Estate Mortgage Loans.Read Article
Bernie Madoff is a Bad, Bad Man
Other than Bernie Madoff, who else is responsible for this mess? An experienced banker, investment manager, and expert witness examines some of the issues in this significant investment fraud case.Read Article
A Primer on Intellectual Property and Intangible Asset Royalty Rates
A survey of the structure of royalty rates for intellectual property and intangible assets is explained by experienced expert witness Don Coker.Read Article
Mortgage Banking and Loan Servicing Industry Standard Practices and Procedures for Force Placed Insurance
A look at what happens when a collateral property is not covered by insurance and a lender has to force place insurance.Read Article
Troubled Bank Management 101: A Detailed Analysis of an FDIC Cease and Desist Order
Restructuring Bank Operations, Practices, and Procedures to Comply with the Requirements of Cease and Desist Orders and Banking Laws and Regulations.Read Article
How Private Equity Firms Can Profitably Invest in Troubled Banks
Private Equity firms can profitably invest in banks by injecting reasonable capital, engaging experienced, professional bank management, and prudently investing the bank’s funds in loans and other investments that make economic sense.Read Article
Internet Check Scams that Target Attorneys and Law Firms
Check Scam scenarios evolve and become more sophisticated over time. Anyone can become a target for a check scam criminal. However, as strange as this may sound, one of the most popular (and effective) check scam scenarios today is one that targets attorneys. Expert Witness Don Coker explains what you need to know to protect yourself and to deal with problems that occur.Read Article
A Banker's Guide to Effectively Managing and Marketing Bank Owned Foreclosed Real Estate Properties
A Banker's Guide to the Major Considerations in Handling OREO/REO. A discussion by former high-level banker, banking regulator, banking consultant to 60 banks, and experienced troubled bank rehabilitation manager.Read Article
The Wacky World of Interim Management
The author comments on Interim Management, Interim Turnaround Management, Interim Restructuring Management, Transition Management, Crisis Management, Project Management and other Temporary Management situations often arise suddenly and can involve work anywhere in the world.Read Article
Subprime Lending Fundamentals Important in Litigation
A Primer on Subprime Mortgage Loans, Subprime Lenders, Alt-A Mortgage Loans, Alt-A Mortgage Lenders, Subprime Credit Cards, and Subprime Car Loans.Read Article
Credit Card Expiration Dates and FACTA
Important Legislation that Affects Every Business that Accepts Credit Cards.Read Article
Business Valuation Fundamentals
An Overview of Several Methodologies for Valuing Businesses.Read Article
Managing Troubled and Failed Banks for Maximum Advantage
Major Factors to Consider When Hiring Management for a Failed or Troubled Bank.Read Article
Real Estate Closing Fraud and Title Company Litigation
Fraud and Litigation Involving Real Estate Closings, Closing Protection Letters, and Title Insurance Industry Standard Practices and Procedures, explained by Expert Witness Don CokerRead Article
A Primer on Intellectual Property Valuation
A Primer on the Valuation of Intellectual Property, Intellectual Capital, and Intangible Assets is presented by experienced expert witness and valuation professional Don Coker.Read Article
The Facts on the FACTA Clarification Act
Important New Information on What is Now Considered Willful Violation of FACTA.Read Article