Don Coker

Renowned Worldwide Banking and Financial Expert Witness and former Governmental Banking Regulator and consultant to many Banking Regulators, Don Coker* examines some important nuances of the various financial problems that have arisen, what went wrong, where mistakes were made, and forms of litigation that will likely follow in the 2023 round of troubled bank problems. Mr. Coker has served in several positions as an interim manager of insolvent financial institutions for governmental banking regulators. In addition he has served as a consultant to over 120 banks, the IRS, eighty of the country's largest law firms, and hundreds of others. His consulting work has included work in sixty-eight countries for clients in forty-four countries. He has authored one banking book and 115 articles, and has been interviewed or quoted in over fifty publications and radio and television stations. *Disclaimer: Don Coker is an Expert Witness and not a lawyer, and does not offer legal advice.

Renowned Worldwide Banking and Financial Expert Witness Don Coker* examines some important nuances of some theft or casualty loss deductions, especially for sophisticated wire transfer scams involving large funds transfers often to bank accounts in foreign countries.

Often when a non-U.S. citizen is applying for permanent resident status in the United States, especially if the applicant claims to be an Alien of Extraordinary Ability, the U.S. Citizenship and Immigration Services section of the U.S. Department of Homeland Security will send a Request for Evidence ("RFE") inquiry seeking additional information or clarification of previously submitted information that must be provided before an approval can be granted. These requests often involve information concerning what could best be characterized as the economic and professional ability and stability of the person applying for permanent resident status in the United States. Renowned Worldwide Banking and Financial Expert Witness and Consultant Don Coker examines some important nuances of responding to these RFEs and how they involve economic and financial evaluations that are similar to those one must pass successfully when seeking financing for a business or real estate assets.

Renowned Worldwide Banking and Financial Expert Witness Don Coker examines some important nuances of the litigation that will certainly follow the recent catastrophic Suez Canal blockage. Coverages including cargo insurance, protection and indemnity, business interruption, contingent business interruption, loss of hire, blocking and trapping, and parametric coverage are all issues that certainly will be a part of expert witnesses' damages analyses as insurance claims and litigation go forward.

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.

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.

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.

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.

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.

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.

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.

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.

A look at some of the important nuances of banking and mortgage banking litigation involving the mechanics of loan index changes.

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.

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.

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.

An example and discussion of a report for a recent Bank Trustee fiduciary duty case involving complex mortgage and securities issues.

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.

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.

The author explains some of the important nuances of establishing business interruption economic damages for an insurance claim or for 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.

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.

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.

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.

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.

A world renowned financial expert witness, former high-level banking and investment portfolio management executive and board member, high-level banking regulator, and nationwide consultant to 150+ banks, investment banks, investment management companies, hedge funds, 79 of the country's 400 largest law firms, and hundreds of other law firms, 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The author, renowned nationwide banking expert witness Don Coker, explains some of the important nuances of banking litigation involving claims of Elder Financial Abuse.

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.

The author, renowned nationwide banking expert witness Don Coker, explains nationwide industry standard practices and procedures for automobile floor plan lending.

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.

The author, renowned nationwide banking expert witness Don Coker, explains several common areas of credit union 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.

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.

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.

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..

Renowned nationwide banking expert witness Don Coker explains some important issues that impact Electronic Funds Transfer Act litigation over missing ATM stickers or decals.

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.

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.

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.

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.

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.

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.

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.

The author explains some important issues that impact the Mark to Market debate taking place today.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Debtors pursued by companies that have purchased their delinquent debt often file a counter claim or other lawsuit against the owner of the debt.

Important factors in banking and financial class action lawsuits alleging economic damages and credit damages.

The author explains some of the industry standard practices and procedures in use in the mortgage banking and mortgage loan servicing industries.

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.

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.

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.

A survey of the structure of royalty rates for intellectual property and intangible assets is explained by experienced expert witness Don Coker.

A look at what happens when a collateral property is not covered by insurance and a lender has to force place insurance.

Restructuring Bank Operations, Practices, and Procedures to Comply with the Requirements of Cease and Desist Orders and Banking Laws and Regulations.

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.

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.

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.

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.

A Primer on Subprime Mortgage Loans, Subprime Lenders, Alt-A Mortgage Loans, Alt-A Mortgage Lenders, Subprime Credit Cards, and Subprime Car Loans.

Important Legislation that Affects Every Business that Accepts Credit Cards.

An Overview of Several Methodologies for Valuing Businesses.

Major Factors to Consider When Hiring Management for a Failed or Troubled Bank.

Fraud and Litigation Involving Real Estate Closings, Closing Protection Letters, and Title Insurance Industry Standard Practices and Procedures, explained by Expert Witness Don Coker

A Primer on the Valuation of Intellectual Property, Intellectual Capital, and Intangible Assets is presented by experienced expert witness and valuation professional Don Coker.

Important New Information on What is Now Considered Willful Violation of FACTA.