Business Budget / Fiscal / Financial Analysis Expert Witnesses: 6

Max Holmes has over 40 years of experience in Finance as a portfolio manager, research analyst, board member, lawyer, NYU Professor and expert witness.

Mr. Homes has been an Adjunct Professor of Finance at the Stern Graduate School of Business at New York University, teaching “Bankruptcy and Reorganization” since 1993.  He has been the Chief Investment Officer / Lead Portfolio Manager for two large hedge funds ($2.7 billion and $5.4 billion of peak AUM) as well as an insurance company portfolio and a mutual fund portfolio.

 The funds invested in credit, capital structure arbitrage, distressed debt, rescue finance, direct lending, specialty finance, event stocks and special situations securities, including long and short positions. The funds invested across the capital structure: bank debt, DIP loans, second lien debt, secured and unsecured bonds, floating rate and fixed rate notes, trade claims, preferred stock, common stock, put and call options and credit default swaps (CDS). Investments were in a variety of businesses, public and private, including startups, venture capital, infrastructure, leveraged buyouts, private equity, turnarounds, restructurings, bankruptcies and liquidations. Direct lending was conducted through a Business Development Company (BDC) ($1 billion assets under management). Mr. Holmes has analyzing thousands of companies and investment opportunities over his career.

Areas of Expertise:

Mr. Holmes has been the Chair and CEO of a life, health and annuity insurer and reinsurer and has been an independent director of a large bitcoin mining company. He worked in investment banking, research, trading and capital markets at Drexel Burnham Lambert, Salomon Brothers, NatWest Markets and Royal Bank of Canada. Since 2015, Max Holmes has been a Senior Advisor to American Industrial Partners LLC, a private equity firm with $16 billion of AUM.

David Sinai is the President of the Petroleum & C-Store Management Group®, a division of Grand Classic Oil with the corporate office located in Century City, CA. His company Manages and Operates Gas Stations, Convenience Stores, and Car Washes throughout the United States.

Mr. Sinai's clients include banks, private owners, dealers, private investors, oil companies, and attorneys. He actively manages a ground team that works seamlessly with clients to enable a smooth take-over of facilities. On average, his team manages and operates over 200 locations monthly. The facilities managed exceed over 5,760,000,000 gallons of gasoline / diesel products and over $2,936,000,000 of convenience store products. 

Litigation Support - Mr. Sinai provides expert witness services, litigation support, and forensic investigations in legal matters including lender and borrower cases, tenant and landlord litigations, and oil company supply contract disputes for gas stations, car washes, and convenience stores throughout the United States. His expert team of licensed real estate brokers, architects, accountants, attorneys and operation managements are rapidly assigned to investigate each case and provide expert opinion in State and Federal Courts. They also assist and provide a unique type of receiver and operation management service to State and Federal Courts cases that require professional services to assist them in long or short-term receiving or operating services for foreclosed or soon to be foreclosed facilities. 

Areas of Expertise

Mr. Sinai was recently a guest speaker on October 17th, 2014 as lead consultant for a group of attorneys on IRWA Right-of-Way education (California Inland Empire Chapter 57) that was coordinated by Law Offices of Best Best & Kreiger, LLP., Law Offices of Murphy & Evertz LLP., Law Offices of Brissman & Nemat, and Pierce Law Firm On the matters related to Metro Mega Projects, Eminent Domain, and Right Of way. 

View David Sinai's Consulting Profile.

Keegan Linscott & Associates, PC, is a full-service accounting firm with more than 27 years of experience providing expert services as Certified Public Accountants, Certified Fraud Examiners, Forensic Accountants, and Certified Insolvency and Restructuring Advisors.

KLA's litigation support team assists clients and their attorneys to prepare for the financial and economic facets of settlement or trial proceedings. They perform in-depth analyses and provide clear and detailed explanations of findings. They assist attorneys as consultants or in the court in a wide range of cases and investigations. Their role can involve fact-finding, discovery, settlement negotiations, trial support, and expert witness testimony.

The professionals at KLA have testified as experts in Federal, District, Bankruptcy, State, and Tax Courts, as well as before arbitration panels. They have the proven ability to develop and communicate compelling analyses of accounting, economic and financial information to judges and juries in plain, simple language through affidavits, written reports, oral testimony, and trial graphics.

Litigation Support Services:

• Analyze damages involving commercial litigation and damages involving individuals, including lost profit analysis, owner disputes, employee/employer disputes, personal injury, and business interruption claims
• Evaluate the opposing party's financial damages report to uncover any hidden facts or missing information in a business damages case
• Divorce litigation, including analysis of sole and separate property issues
• Locate hidden assets
• Analyze preference claims, inter-company transfers of assets, and fraudulent conveyances

Christopher G. Linscott, CPA, CFE, CIRA, is a Director of Keegan Linscott & Associates and is the Director of Litigation, Forensic Accounting, and Bankruptcy Support Services.

Mr. Linscott was previously employed with the international CPA firms of Coopers & Lybrand (now Price­water­houseCoopers), and Peat Marwick (now KPMG). He has more than 30 years of ex­perience in public accounting.

Mr. Linscott specializes in the areas of Litigation Support, Bankruptcy Reorganization, Fraud Investigations and Prevention, and Business Consulting. He has served clients in industries including construction, health care, home builders and developers, law firms, manufacturing and distribution, non-profit, professional services, real estate, restaurant franchises, retail service, and wholesale.

Mr. Linscott is a Member of the Arizona Society of CPA's, American Institute of Certified Public Accountants, National Association of Certified Fraud Examiners, Association of Insolvency and Restructuring Advisors, and a Director of the Board of Directors at Bashas’.

Sean Tanner, CPA, CFE, CIRAis a Consulting Director at Keegan Linscott & Associates, specializing in Litigation Support (Financial Expert), Forensic Accounting, Restructuring, Bankruptcy Support, and Merger and Acquisition / Transaction Services.

Mr. Tanner was previously employed with Plante Moran, Dart Container (Solo Cup Company), and served as the head of finance for two technology/space startups. He has more than 20 years of public and private accounting experience.

Mr. Tanner has served clients in numerous industries, including manufacturing and distribution, retail auto dealers, real estate, construction, health care, professional service, and retail service, among others.

Mr. Tanner is a Member of the Arizona Society of CPA’s, the American Institute of Certified Public Accountants, the National Association of Certified Fraud Examiners, the Association of Insolvency and Restructuring Advisors, and a Board Member for the Arizona Justice Project.

View Keegan Linscott & Associates' Consulting Profile.

Robert Bates, CPA, Esq., CFE, CVA, has over 35 years of Financial Management and Accounting experience as a Controller and CFO in various industries. He has been in several industries, including telecom, media, retail and financial services in addition to having consulting experience at startups in the software, technology, and life sciences fields. 

Mr. Bates specializes in International Accounting, Software Issues, and Obtaining Financing. The CFO of a public company, he has completed due diligence accounting/reporting for 12 acquisitions, including performing Business Valuations and dealing with FAS 142 issues. Mr. Bates has handled accounting for complex debt instruments including warrants, beneficial conversion feature, and other derivative issues. He has also been responsible for SEC reporting: 10Q’s and 10K’s. 

Litigation Support - Robert Bates has worked with dozens of lawyers on over 150 cases in various states. Sometimes he provides financial support for a client in litigation, or pre-litigation, and other times he provides a report, such as a damages calculation, which can be used in litigation. He also has experience providing testimony in depositions and trials. 

Legal Services:

• Unbiased Case Analysis
• Discovery Review & Recommendations
• High-Impact Demonstrative Exhibits
• Strategy and Tactics Conferences
• Damage Calculations
• Cash Flow Analysis Reports
• Profit and Loss Analysis

View Robert Bates' Consulting Profile.

MCS Associates is a nationally recognized consulting group that has provided financial, operations and regulatory/compliance consulting services nationwide to financial institutions, insurance companies and regulatory agencies as well as real estate and financial services organizations for over 40 years. Expert Witness and Litigation Consulting are a primary focus of our services. We undertake expert witness assignments throughout the United States and our clients include several hundred leading law firms around the country, working on behalf of both plaintiff and defendant financial institutions, borrowers, depositors, investors, developers, insurance companies and their insured, securities/insurance/real estate brokers/agents, regulators and government agencies, and individuals. 

Together with MCS Associates’ specialized resources in banking, financial services and real estate, we also draw on key strategic alliances in insurance, economics, academia and the securities industry to meet a wide range of expert witness needs. Our litigation experts include experienced bankers, lenders, consultants, regulators, managers, brokers & agents in insurance, real estate, and securities; insurance claims and underwriting managers; economists, accountants, appraisers, real estate analysts, and academics. 

Areas of Expertise Include:

• Banking Operations/Administration
• Check Fraud
• Lending Policies, Custom and Practice
• Loan Underwriting & Credit Administration
• Loan Securitizations & Servicing
• Bankruptcy, Foreclosures and Workouts
• Trust & Fiduciary Issues / Operations
• Securities Brokerage & Investments
• Valuations & Damages Analysis
• Forensic Accounting
• Employment / Compensation
• Real Estate Brokerage & Management
• Title Insurance & Escrow
• Real Estate Appraisal & Transactions
• Insurance Industry Custom & Practice
• Insurance Coverages / Claims Handling
• Insurance Bad Faith

Education:

• Princeton, 1964 (B.A., Economics, with honors)
• NYU Business School, 1966 (MBA, Top of class)

Expertise: Mr. Purcell has over 50 years of experience in every area of investment banking including the following:

• Mergers & Acquisitions
• Leveraged Buyouts and Recapitalizations
• Fairness Opinions and Fairness Issues
• Adequacy Opinions
• Solvency Opinions
• Bankruptcy issues, including fraudulent conveyance
• Valuations
• Advice to Special Committees of Boards
• Due Diligence and Disclosure Issues
• Fiduciary Issues
• Damage issues and analysis
• Lender Liability
• Fee issues
• Document Interpretation and Standards from investment banking point of views
• Criminal cases involving alleged securities violations and insider trading
• Financing of Debt and Equity (both public and private, taxable and tax-exempt, including structured financings)
• Venture Capital
• Leasing and Real Estate Financing

Background: William H. Purcell has been an Investment Banker for over 50 years. He was a Managing Director at Dillon Read for almost 25 years and has been a Senior Advisor to a number of medium-sized investment banks. Mr. Pucell has been a Senior Advisor and Director of Seale & Associates since 2001, an investment bank in the Washington DC area. He also has served as interim CEO of a public company and has served on Boards of Directors. 

Mr. Purcell is currently Senior Director to the Investment Banking Firm of Seale & Associates, Washington, DC. area. Mr. Purcell has been an expert in more than 200 cases with over 180 Law Firms, including cases for the SEC, IRS and the DOJ. Has testified in court trials and arbitration trials over 40 times. He represents both plaintiffs and defendants. Subjects include all areas mentioned above.

 View Consulting Profile.