Securities Expert Witness in Arbitration and Litigation and FINRA Arbitrator
FEND, through Mason A. Dinehart III, RFC, provides objective expert opinions on the standard of care in the securities industry, based upon discovery, due diligence, technical knowledge and the four decades of experience he brings to the case. From a long-standing banking background in corporate finance, to underwriting and investment banking experience in financial brokerage, he adds a strong knowledge of modern portfolio theory through the teaching of hundreds of retirement financial planning seminars at the corporate level.
From this vantage point, FEND* provides a refreshing prospective in the securities testifying arena that combines comprehensive analysis with effective communication skills. These factors, along with serving as a FINRA arbitrator and representing both claimant's and respondent's (65%/35%), contribute to a near 90% case success ratio in the securities arbitration & litigation fields.
Litigation Support Services
In 2009, Mr. Dinehart was retained by a plaintiff in a Los Angeles Federal Court action, before the Honorable S. James Otero, United States District Judge. The case was against a broker/investment advisor who sold the plaintiff a multimillion dollar investment position in the Bernard L. Madoff Split Strike Conversion Strategy. In November, 2009, Mr. Dinehart submitted his written report under FRCP Rule 26 (2) (B). Mr. Dinehart submitted his Written Declaration in Opposition to Motion for Summary Judgment. The declaration was accepted by the court and stated that “Mr. Dinehart had been retained by Plaintiff as an expert witness pursuant to the terms and conditions of the Federal Rules of Evidence 702 et. seq.”. In addition, Mr. Dinehart had been qualified and testified in Federal Court in CA along with State Courts in NV and in 4 CA counties. He is also the designated securities expert witness for the California State Bar.
Areas of Expertise
Non-traded REITs/TICs; Modern Portfolio Theory; Economic Well Managed Account Theory Damages utilizing Refinitive (Thomson Reuters) Investment View; TIC Investments/non-traded REIT'S/DPP Programs/Private Placements; Due Diligence; Suitability; Supervision; Standards of Care; Breach of Fiduciary Duty; Variable and Fixed Index Annuities; Broker Dealer Compliance; Portfolio Analysis; Elder Abuse; Damages; Misrepresentation; Material Omission and Fraud.
Mason Alan Dinehart III, RFC
Financial Education Network Development (FEND)
Expert witness/Consultant in arbitration/litigation involving securities, insurance and annuities, nationwide. Testifying in 365 arbitrations (700 retentions) before NASD/AAA/NYSE/PSE with100+ mediations. (No charge for direct/non-stop air flight time). Mr. Dinehart, RFC, has been qualified and has testified as a Securities Industry Expert Witness before State & Federal Courts in CA plus as an Insurance Industry Expert in the State Court of NV and serves as FINRA Arbitrator. Services are provided for both claimants -(65%) and respondents (35%). He is the designated Securities Expert Witness for the California State Bar.
Areas of Strength
Common/preferred stocks, bonds, IPO's, mutual funds, variable/index annuities, life insurance/VUL's, L.P.'s, hedge funds, REITS, TIC's, REMICS, TINTS, mortgage backed securities & private stock offerings. P&L's and damage calculations provided. Testifying as to suitability, fiduciary duty, due diligence, underwriting, supervision, overreaching, churning, selling away, over-concentration, asset- allocation, modern portfolio theory analysis, stock manipulation, best execution, margin, options, mark-ups, mark-downs, on-line trading, RIA activities, control person liability, “financial suicide”, reverse churning, standard-of-care, industry custom and practice plus compliance.
Carlsberg Securities Corporation - 1969-1982
- V.P. Marketing - Securities - Insurance - R/E syndication - Branch Manager
Westfield Capital Corporation - 1982-1986
- V.P. Marketing - Securities - R/E syndication - Branch Manager
Boardwalk Capital Corporation - 1987-1990 - Acting Branch Manager
- National Sales Director - Full service financial planning broker/dealer
- Chairman of due diligence committee, licensing and marketing compliance officer for 200 registered representatives.
- President - Registered Investment Advisor & Director of Recruiting
Financial Education Network Development
- 1990-2001 - Owner & founder of a financial planning firm providing educational, retirement, financial planning seminars for corps., nationally. From 1991 to the present, the firm has added an emphasis upon expert witness activities, with 8 arbitrator assignments since 1999, with one pending and 2 awards.
- 1991-1999 - Eric Equities, Inc. - Securities, Annuities & Insurance - Branch Supervisor
- 2000 - 2010 - Empire Securities Corp. - Home Office Supervisor/Director of Advertising Compliance
- 2010 – 2011– AISG - Compliance Consultant – Due Diligence
- 2011 - 12/2018 - Silber Bennett Financial, Inc. - Home Office Supervisor; Registered Principal Due Diligence and Director of
2019 - Present - LightPath Capital Inc. - Registered Principal - Compliance (Outside Business Activities).
Bank of America - 1959-1965 - AVP - Corporate Finance – National Division; Union Bank - 1965-1969 - VP - Manager of Business Development - So. California.
Taxes & Insurance
L. E. Cooper & Associates 1959-1965 - Tax Accountant
Carlsberg Insurance Agency - 1975-1982 - President
FEND Securities Expert Witness in the Social NetworksFacebook Twitter LinkedIn
40+ years in securities sales and supervision. Member FINRA Board of Arbitrators since 1999, Panel Chairman NASD # 99-03001-April '00. Branch Manager for 3 securities firms.
Series 7, 24, 27*, 63, 65, 79, Variable Contracts, Life and Disability Insurance, Real Estate* * Previously Held.
Legal Experience & Services
Over 20 depositions and 15 testimonies in L.A., Orange, Fresno and San Diego State Courts and 1 in L.A. Federal Court.
Practicing Law Institute - L.P. Marketing & Compliance - 1972 - R/E Syndication; Money Magazine - January, 2006; Real Estate Review - Published article - Fall - 1972; The Register (IARFC) Summer 2002; Panelist & Speaker-Annual Seminar for Securities Brokers 2000-2003, sponsored by Registered Rep. Magazine and On Wall Street Magazine; KFWB Radio, November, 2003 – RFC Member - International Assn. of Registered Financial Consultants (IARFC), AAII; Life Member - American Institute of Banking - Pasadena District Chapter (AIB), member - Securities Experts Roundtable; Published articles – www.expertlaw.com.; PIABA Bar Journal Volume 21, No. 2 - 2014 – “A Checklist for Reasonable Due Diligence – The ScoreCard”; PIABA Bar Journal Volume 24, No. 3 – 2017 – “The Challenge of Due Diligence of a Variable Annuity-The ScoreCard Method”.
Branch Manager in 3 Securities firms; FINRA Arbitrator #A30388
Designated Securities Expert Witness - CA State Bar Assn.
Awards & Honors
Life Member - American Institute of Banking
National AIB Public Speaking Champion 1963
National AIB Debate Champion 1965
Coach AIB National Debate Championship Team - 1966
Seminars & Training
Over 1000 seminars on Financial Strategies for Successful Retirement presented to 401-K participants of corporations in America i.e. Lockheed, Rockwell, Loral and Grauman.
Paul W. Thomas & Neda Ataie*
Attorneys at Law
Erwin J. Shustak & Thomas C. Frost
Shustak & Partners
San Diego, CA
Stoltmann Law Offices, P.C.
Alan C. Friedberg
Pendleton Friedberg Wilson & Hennessey P.C.
Reid W. Lambert
Woodbury & Kessler
Salt Lake City, UT
Steven B. Caruso*
Maddox, Hargett & Caruso, P.C.
New York, New York
Jonathan Evans and Mike Edmiston
Law Offices of Jonathan Evans
Studio City, CA
David Liebrader (Punitives)
Attorney at Law
Las Vegas, NV
Aidikoff, Uhl & Bakhtiari
Attorneys at Law
Beverly Hills, CA
Attorney at Law
Attorney at Law
Grass Valley, CA
Attorney at Law
Westlake Village, CA
Solomon Ward Seidenwurm & Smith, LLP
San Diego, CA
California State College at Los Angeles (B/A - Speech & Communication)
American Institute of Banking School of Finance & Taxation - Graduate - Los Angeles District Chapter