FEND Securities Expert Witness

FEND Securities Expert Witness is a consultant in litigation and arbitration, nationally (24 states), involving securities, insurance and annuities. 356 arbitrations (700 retentions) since 1969, before NASD, FINRA, JAMS, AAA, NYSE, PSE & 100+ mediations. Mason Dinehart, RFC, is a FINRA Arbitrator and has qualified and testified as a Securities Expert Witness before L.A. Federal Court & State Courts in L.A., Orange County. Fresno & San Diego. Case Track Record - 319 wins/37 Losses. "While I charge for my services, my opinions are not for sale". Mr. Dinehart is the designated securities expert witness for the California State Bar.

Services

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

Additional 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.

Profile

Mason Alan Dinehart III, RFC
Financial Education Network Development (FEND)

Business Specialty
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.

Business Experience
Securities
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
Advertising Compliance.
2019 - Present - LightPath Capital Inc. - Registered Principal - Compliance (Outside Business Activities).
Prior:
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

Areas Served

All States

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Professional Experience

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.

Licenses

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.

Affiliations

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”.

Qualifications

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.

Publications

See Above

Professional References

References

Paul W. Thomas & Neda Ataie*
Attorneys at Law
Carlsbad, CA
(760) 720-9600

Erwin J. Shustak & Thomas C. Frost
Shustak & Partners
San Diego, CA
(619) 696-9500

Joe Wojciechowski
Stoltmann Law Offices, P.C.
Chicago, IL
(312) 332-4200

Alan C. Friedberg
Pendleton Friedberg Wilson & Hennessey P.C.
Denver, CO
(303) 839-1204

Reid W. Lambert
Woodbury & Kessler
Salt Lake City, UT
(801) 364-1100

Steven B. Caruso*
Maddox, Hargett & Caruso, P.C.
New York, New York
(212) 837-7908

Jonathan Evans and Mike Edmiston
Law Offices of Jonathan Evans
Studio City, CA
(818) 760-9880

David Liebrader (Punitives)
Attorney at Law
Las Vegas, NV
(702) 380-3131

Aidikoff, Uhl & Bakhtiari
Attorneys at Law
Beverly Hills, CA
(310) 274-0666

Steve Buchwalter
Attorney at Law
Encino, CA
(818) 501-8987

Fran Cole
Attorney at Law
Grass Valley, CA
(530) 272-9977

Morse Taylor
Attorney at Law
Westlake Village, CA
(805) 341-6951

Ed McIntyre
Solomon Ward Seidenwurm & Smith, LLP
San Diego, CA
(619) 231-0303

Education

California State College at Los Angeles (B/A - Speech & Communication)
American Institute of Banking School of Finance & Taxation - Graduate - Los Angeles District Chapter