Banking Expert Witness & Expert Consultant Don Coker

Don Coker provides nationwide expert witness and consulting service from his north metro Atlanta, Georgia, area office.  Functional areas of assistance include all banking and financial matters including expert opinions on nationwide banking and mortgage banking industry standards, director and officer professional liability, economic damages valuation, subprime mortgage banking litigation, mortgage repurchase demands based upon representations and warranties claims, counterfeit check scams targeting attorneys, embezzlement and check fraud, real estate development and construction loan issues, title company and closing agent fraud, residential mortgage backed securities ("RMBS"), Fannie Mae and Freddie Mac, mortgage loan payments and late charges and escrow accounts, bank trust department, trust, estate and probate litigation, wrongful foreclosure, force placed insurance, credit damages, robo-signing, missing loan file documents, garnishments, spousal guaranty matters, class action litigation, credit card fraud, bank security matters, credit union litigation, elder financial abuse, automobile floor plan lending, letters of credit and international trade finance, offshore banking, money laundering, white collar crime, overdraft fees, wire transfers involving FedWire, CHIPS, ACH and EFT, rating agency litigation involving Moody's, Standard and Poor's and Fitch, as well as business, professional practice, and intellectual property valuation.  Don Coker also provides interim CEO management and interim turnaround management services for financial institutions and businesses of all types and sizes nationwide and worldwide.

Since 1989, Don Coker has been engaged for over 590 cases nationwide for plaintiffs and defendants, and he is included in the  expert witness consultant databases recommended by the members of BOTH the AAJ and the DRI.  Don Coker has been engaged by many entities of the government as their expert witness consultant, 9 of the country's top 10 banks, over 90 banks worldwide including 14 of the top 45 banks in the world, 8 of the country's top 10 mortgage banking companies, 56 of the country's top 350 law firms, several members of the Forbes 400 List, and hundreds of other law firms.

Don Cokerhas testified 144 times and achieved 12 courthouse settlements.

Among a broad array of consulting services offered, Don Coker offers business and professional practice valuation, IP and patent valuation, intangible asset valuation, and website valuation services for all parties including lenders who are faced with disposing of these assets due to foreclosure or repossession.

Banking and Savings and Loan Crisis Interim Turnaround Manager and Consultant and Bailout Expert Consultant

In addition to expert witness work and bank consulting, Don Coker has significant experience as an interim and turnaround restructuring manager of troubled banks during the previous banking crisis and savings and loan crisis in the 1980s and 1990s.  Mr. Coker was engaged by the banking regulators to run two insolvent savings and loan associations and two mortgage banking companies (one of which was the largest nationwide FHA Title I lender in the country) SIMULTANEOUSLY in an attempt to effect a bailout of the institutions.  Two of the institutions were eventually acquired by Wells Fargo, and the other two were in part sold off on Wall Street and in part favorably liquidated relative to book value.  Mr. Coker served as Regulatory Supervisory Agent which was tantamount to an interim CEO and interim Chairman of the board of the financial institutions.

Services

Services offered include banking expert witness, subprime 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.

Contact Information:

Don Coker
Banking Consultant
423 Latimer Street
Woodstock, Georgia 30188-5052
Tel:  (770) 852-2286
Faxes:  (509) 678-7756 or (610) 643-7870 or (206) 260-0280 or (419) 517-5284
Global Cell:  (251) 716-3200
E-mail:  Bankexpert@cs.com

The following section provides Mr. Coker's qualifications and areas of expertise, experience, and interest.

Introduction

Banking Expert Witness, Management Expert, and Economic Consultant areas of expertise and opinions for Don Coker include Banking Expert Witness, Bank Consultant, Banking Industry Standards Expert Witness, Bank Expert Witness, Banking Law issues, Finance Law issues, Real Estate Law issues, Fair and Accurate Credit Transactions Act - FACTA Expert Witness Consultant, Subprime Expert Witness Consultant, Commercial Reasonableness Expert Witness, Duty of Care Expert Witness, Fiduciary Duty Expert Witness, Good Faith Expert Witness, Honest in Fact Expert Witness, Bank Accounts Expert Witness, Bankruptcy Preference Expert Witness, Anti-Money Laundering, FACTA Compliance Consulting, AML, Refco, Parmalat, Credit Damage Expert Witness, Finance, Business Valuation, Asset Appraisal, Intellectual Capital Appraisal, Core Deposit Intangible Valuation, Intangible Asset Valuation, Intellectual Capital, Class Action, Fairness Opinions, Solvency Opinions, Valuation, Economics, Fraud Expert Witness, Embezzlement, Checking Accounts, Credit Card Fraud Expert Witness, Credit Reports, Discounted Cash Flow Analysis, Identity Theft Expert Witness, Wire Transfer Expert Witness, Mortgages, Investments, Securities, Loans, Home Improvement Loans, Economic Damages Expert Witness, Lost Wages, Real Estate Consultant, Commercial Real Estate Feasibility, Hotel Feasibility, Hospital Feasibility, Medical Economics, International Business, Lender Liability, Financial Statements, Money Laundering Expert Witness, Trusts, Estates, Feasibility Studies, Corporate Intelligence, Financial Research, Economic Research, White Collar Crime, Due Diligence, Investment Banking, Mergers & Acquisitions, Corporate Debt Restructuring, Interim Manager, Turnaround Manager, Corporate Governance, Ethics, Truth in Lending Act, HOEPA, Class Action, Savings and Loan Industry Standards, Commercial Arbitration Neutral, Mediation Neutral, CARDS transactions, Custom Adjustable Rate Debt Structure tax shelter transactions, BLIPS transactions, Bond Linked Issue Premium Structure tax shelter transactions, Bond Linked Investment Premium Strategy tax shelter transactions, Title Company issues, Real Estate Closing issues, and Expert Witness Services.

I. Background:

• Since 1986, Don Coker has provided a broad array of consulting services for clients worldwide in the fields of banking, interim management, finance, economics, management, business valuation, accounting, corporate finance, merger and acquisition assistance, due diligence, tangible and intangible asset valuation, feasibility studies, business plans, marketing, and commercial and residential real estate.

• Clients in 45 states and 25 foreign countries include many domestic and foreign governmental entities and agencies, law firms, financial institutions, corporations, healthcare entities, organizations, and others
  .

• Mr. Coker has been engaged many times as a banking expert for governmental entities including the FDIC, RTC, IRS, Federal Home Loan Bank, FSLIC, Federal Reserve Bank, U.S. Agency for International Development, and others.

• In addition, Mr. Coker has been engaged by over 75 banks worldwide including Bank of America, Bank One, Citigroup, Wachovia Bank, First Union Bank, SouthTrust Bank, JPMorgan Chase Bank, U.S. Bancorp, Wells Fargo Bank, National City (Bank) Corp., MBNA America Bank, Citizens Bank of PA, Washington Mutual, The Provident Bank, The World Bank, Banco Industrial de Venezuela, Banco Bilbao Vizcaya Argentaria, Bank of Tanzania (central bank), and Bancomer (Mexico).

• Mr. Coker assists attorneys representing both Plaintiffs and Defendants in litigation matters,, and he is privileged to be listed in the databases of expert witness consultants of both the DRI and AAJ.

• Previous work experience includes over twenty years in virtually all aspects of high-level management in the financial services industry including working as a governmental financial institution regulator and executive positions in banking, savings and loans, credit companies, mortgage banking, and banks engaged in trust, estate, and probate administration.

• Mr. Coker serves the consulting and expert witness needs of his clients worldwide from his office in the northern metro Atlanta, Georgia area.

II. Services:

A. Consulting Activities:

• Business plan preparation and advice for new and expanding businesses.

• Asset valuation, including portfolios of financial assets.

• Business valuation.

• Business management advice.

• Corporate financial structuring and restructuring.

• Merger and acquisition advice and due diligence.

• Intangible asset appraisal.

• Training of banking, business, and governmental leaders worldwide.

B. Expert Witness Consulting and Litigation Assistance:

Expert Witness assistance for attorneys representing both Plaintiffs and Defendants involved in cases covering virtually all areas of banking, checking account operations, deposit operations, lending operations, FACTA, subprime finance, credit card operations, finance, economics, management, business valuation, asset valuation, intangible asset valuation, and commercial and residential real estate, such as:

• Banking industry standards and practices.

• Banking policies and procedures.

• Banking employment matters.

• Bankruptcy preference matters.

• FACTA - Fair and Accurate Credit Transactions Act matters.

• Financial institution officer and director liability.

• Check Cashing.

• Checking account administration.

• Check fraud.

• Checking account administration.

• Commercial reasonableness.

• Credit card fraud.

• Credit card account number and expiration date truncation compliance.

• Credit card operations and procedures.

• Credit damage.

• Credit reports.

• Duty of care.

• Economic damages.

• Ethics in Banking and Business.

• FACTA issues.

• Fiduciary duty.

• Financial calculations.

• Good faith.

• Honesty in fact.

• Identity theft.

• Lender liability.

• Mortgage issues.

• Bank trust department, estate, trust, and probate issues.

• Business valuation issues.

• Investment management performance issues.

• Option Arm Issues

• Payday Lending.

• Reasonableness.

• Securities and investments - (Example: Logged 500 hours examining Refco's files, policies & procedures, etc., for ten municipalities who successfully sued Refco.)

• Subprime loans, subprime credit cards, subprime mortgages.

• Transfer pricing.

• Wire transfers.

• International funds transfers.

• International transactions.

• Money laundering.

• Russian transactions.

• Repossessions and foreclosures.

• Asset valuation.

• Business valuation.

• Intangible asset valuation.

• Royalty valuation.

• Licensing valuation.

C. Interim and Turnaround Management:

• Interim management assignments have included two challenging CEO-type troubled financial institution turnaround assignments for the governmental financial institution regulators.

• Additional interim management engagements have included several governmental financial institution regulatory oversight management jobs at troubled financial institutions.

• Interim, Turnaround Specialist, Project, Temporary, Restructuring, and Crisis Management services available worldwide on short notice.

• New interim management and turnaround engagements (as CEO, only) are considered for all business types worldwide.

D. International Matters:

• International business valuation.

• International feasibility studies.

• International marketing studies.

• International business development.

• Assistance in international transactions.

• Expert witness consulting involving international matters.

• Assistance in establishing new offices in any foreign country.

• International site selection and acquisition assistance.

• International transfer pricing issues.

• Interim & turnaround management services available worldwide on short notice.

• International Financial Reporting Standards.

• Other consultants around the world are available to assist as needed in any international consulting matters.

III. Areas of Services:

A. Banking, Financial Institutions and Mortgage Banking:

• Systems Analysis and Improvement

• Portfolio Analysis and Valuation

• Due Diligence for Acquisitions, Transactions, etc.

• Merger Integration Analysis and Assistance

• Core Deposit Intangible Analysis

• Intangible Asset Valuations

• Bank Valuations

• Bank Branch Sales and Valuations

B. Corporate:

• Business Valuation

• Valuation of Parts of a Business

• Intellectual Capital Evaluations

• Management Consulting

• Fairness Opinions

• Corporate Financing Assistance

• Business Ethics

• Interim Management

• Real Options Theory Analysis

• Business Plans

• Feasibility and Marketing Studies

• Due Diligence for Acquisitions, Transactions, etc.

• Corporate Competitive Intelligence & Data Analysis

• Interim Management Services

• Turnaround Management Services

C. Economic Valuation:

• Intellectual Capital Valuations

• Professional Practice Valuations

• Economic Damages Estimates: Lost Wages, Lost Profits, etc.

• Valuations of stock, intangible assets such as contracts, and special assets

• Valuation of Partnership Interests

• Royalty Valuation.

• Licensing Valuation.

D. Real Estate:

• Commercial, Multi-Family, Hospitality, and Development Matters, including Finance

• Marketing, Feasibility and Absorption Studies

• Ad Valorem Tax Assistance for Commercial Real Estate - Defining the portion of value attributable to superior management, reputation of owner/manager, brand name, and similar factors

• Valuation of Partnership Interests

E. International:

• Due Diligence for Foreign Market Entry or Expansion

• Consulting Advice for Foreign Corporations Wanting to Enter the U.S. Market

• Foreign Investment of Foreign Generated Profits

• U.S. Investment of Funds of Foreign Corporations

• International Corporate Acquisition and Divestiture

• International Real Estate Acquisition and Divestiture

• International Site Selection and Acquisition

• International Transfer Pricing Analysis

• Trade - Finding and arranging purchases and sales of resources and products

• Marketing - Design and implementation of international marketing plans

• Marketing Consulting for Foreign Entities Doing Business in the U.S.

F. HealthCare Industry Matters:

• Professional Practice Evaluation

• Analysis of Practice and Business Combinations

• Analysis and Improvement of Work Processes

• Medical Office Building Assistance

G.  Hospitality & Travel Industry Matters:

• Site Selection and Acquisition Worldwide

• Feasibility Studies

• Franchise Acquisition Assistance

• Quality-check Programs

• Property Valuation

H. Marketing:

• Market Research and Studies

• Brand Name Analysis and Valuation

• Product Name Studies

• Quality-check Programs

I. Arbitration and Mediation Services:

• Arbitration and Mediation of Business, Financial, Economic, and Real Estate Issues

• Business Ethics Issues

J. Litigation Assistance:

• Litigation Assistance and Support in the areas cited in this web-site

• Work with either plaintiff or defendant

• Issues Assessments

• Damages Estimates: Lost Wages, Lost Profits, etc.

• Settlement Advice.

• Advice, Reports, Affidavits, Declarations, Calculations, Depositions, and Courtroom Testimony, if necessary

IV.  Services and Pricing:

A. Services:

Consultation, reports, research, analysis, feasibility studies, statistical sampling, opinions of compliance with industry standards, financial calculations, file review, portfolio review, due diligence, investment banking transaction assistance, tangible and intangible asset valuation, business valuation, ethics opinions, management oversight, complex litigation assistance and support including deposition and courtroom testimony, writing and answering interrogatories, and preparation of attorneys and witnesses for deposition and trial.

B. Assignment Size and Scope Issues:

• Expert witness case assignments involving the review of a large amount of data are common.

• Some case assignments have involved the review of over forty file boxes of information.

• No case less than 16 hours is accepted.

C. Pricing and Contract Procedures:

• Expert Witness Assignments: Billed based upon an hourly rate plus hard expenses.

• Consulting Assignments: Each assignment is individually priced to suit the assignment and the client's needs. Typically, consulting assignments are priced based upon a pre-agreed fixed charge paid in advance or in stages, depending upon the nature of the assignment.

• Transactional Assignments: Certain other assignments, generally transaction-based, are priced as a percentage of the value of the service performed.

• A nonrefundable retainer is standard.

• Often, billed travel time is capped in order to help a client control costs.

• Travel worldwide is acceptable.

• All assignments are memorialized with a one-page front-and-back Consulting Agreement.

• Generally, fees and charges are due in advance.

Business Start-up Advice and Services

Advice and services provided for start up businesses and paid for by the issuance of stock in the startup business will be considered on a case by case basis.

Services that can be provided include:

• Business plan preparation.

• Start-up cost estimate.

• Feasibility and market studies.

• Financial structuring and planning.

• Financial projections.

• Site location.

• Merger and acquisition analysis.

• Expansion analysis and planning.

• International activities.

• Management structure planning.

• Cost cutting programs and analysis.

• Management consulting.

Testimonials

“Don did a good job in the case for which I hired him. He was timely, well organized and very knowledgeable about banks and banking. In his deposition, he was articulate and unflappable. I would not hesitate to hire him again.” - Minnesota Attorney for Delaware case./p>

“That is the best expert report I have ever seen.” - South Carolina Attorney

“That is the best deposition I have ever attended.” - Ohio Attorney ( Harvard School graduate) at a top 5 law firm

“Your affidavit was so good, the case settled.” - Expert Witness Referral Service

“Based upon your critique of the other side’s expert’s report, they have decided to withdraw their expert from the case.” - New York Attorney

“I’ve never before had an expert that I didn’t have to protect from the Prosecutor.” - Federal Public Defender Attorney, Florida

“I was able to resolve the [Redacted] Bank claim on favorable terms in large measure due to your help” - Georgia Attorney

“Mr. Coker reviewed a case and assisted us in preparing his affidavit that we used in support of a Motion for Summary Judgment. This case settled shortly thereafter, and I believe his affidavit played a significant role.” - Tennessee Attorney

"I enjoyed working with you.  You were highly recommended, and I now know why. You did an excellent job.  Much appreciation for working so hard on short notice.  Hope to have the opportunity to work with you again."  Mississippi Attorney

“I am pleased to advise you that the case with [Redacted] Mortgage Company has settled for confidential terms. We appreciate your assistance in this matter greatly! We will get in touch with you again if we have need of a banking expert in another case.” - Mississippi Attorney

"We settled the [Redacted] case[s] today.  I guess it took getting you involved to make both of these cases go away."  Mississippi Attorney at a Top 250 law firm

"We just finalized settlement terms in the [Redacted] case.  ... We very much appreciate the hard work by you in this case and your help in achieving what we and the [Clients] view to be an extremely successful outcome to this case.  We very much hope to be able to work with you on many other cases in the future."  -  Georgia Attorney

"Don - I'm pleased to say that we won on all counts - first, the court denied the plaintiff's motion to certify the class.  Then, later, the court granted our motion to dismiss, so [the plaintiff] went home empty handed.  Thanks for your help on this one, and we're looking for the next case to bring you in on."  -  Mississippi Defense Attorney Representing a Top 3 Bank

“Just a few minutes ago, we were notified the government decided to withdraw the bank fraud charge. … Thank you very much for your assistance and input into this – it was very useful in leaning on the government to get with the program. I had dropped the hint that I was working with an expert in the field, and I don’t think they liked the sound of that.” - U.S. Air Force Judge Advocate General Corp Attorney, California and Guantanamo Bay, Cuba

“Thanks so much for your diligence on this job, Mr. Coker. I know that the amount of documents was overwhelming.” - Virgin Islands Attorney

“I LOVE this report!!! Thanks!” - Mississippi Attorney

[After your courtroom testimony ...]  "... the government dismissed the money laundering counts."  -  Criminal Defense Attorney

“Thanks in large part to your affidavit, we were able to settle this case in a favorable amount for our client. … You did a great job.” - Tennessee Attorney

“Enclosed please find a letter from Judge [Redacted] advising Bank [Redacted] that the Judge granted the Bank’s Second Motion for Summary Judgment as to all claims of Plaintiff. … Bank [Redacted] is very pleased with the results it has obtained in this matter.” -Texas Attorney

“You have been highly recommended by some of my partners.” - Mississippi Attorney

“Very pleased. Very strong [report].” - Alabama Attorney

"Now we are registering a joint venture in China with $20,000,000 funding for early clinical detection of infectious diseases and cancer targeting China's market.  I thank you again for your valuation that helped us to attract the investors in China."  -  California DNA and Cancer Medical Research Doctor

"Yes, we managed to settle the case and although I have no concrete proof, I am sure the threat of you coming in as an expert witness made the opposing side accept our offer to settle.  For that, I thank you."  -  Florida Business Owner, Defendant in International Trade and Letter of Credit Case

"I am happy to report that we have settled the case.  Thank you for all of your help!  You certainly helped to make our case.  I will recommend you to anyone who needs a banking expert!  Thanks again.  -  Tennessee Attorney