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Economic Damages Expert |
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Economic Damages Consultant heavily experienced with over 365 expert witness assignments (93 testimonies, 10 courthouse settlements) nationwide offering assistance to attorneys in the fields of:
* Economic damages estimates
* Economic damages litigation support
* Economic damages assessments for personal injury and death cases
* Economic damages for personal lost wages and business lost income and lost profits
* Forensic analysis of economic damages situations
* Credit damage estimates
* Real estate damages
* Intellectual property damages
* Patent damages
* Research on economic damages
* Advice on economic damages issues
* Class action economic damages issues
* Anti-trust economic damages issues
* Credit bureau issues
* Proximate cause of economic damages
* FACTA - Fair and Accurate Credit Transactions Act - cases
* Subprime lending issues
* Testimony on economic damages at deposition and in court
* Mr. Coker is an economic damages valuation expert that is capable of producing a credible value of economic damages for any situation. Alternatively, a critique of an opposing existing economic damages report can be produced.
* Background as a high-level banker and lender provides an unusually advantageous foundational viewpoint to provide a credible forensic analysis, and to help explain from a banker's and lender's point of view the proximate cause and negative economic impact of financial circumstances, such as the loss of or damage to credit, loss of income, impaired income, damage to intellectual property assets, damage to a patent, etc., and other forms of economic damages on an affected individual, corporation, or other entity.
* Mr. Coker has been engaged by 27 of the top 250 law firms in the United States as well as by hundreds of smaller law firms.
* Many economic damages cases involve situations that result in damage to a company. Other cases involve economic damages to an individual. In both cases, the assessment of economic damages involves a process of comparing value before and after a causal damages event. The basic process is very similar for corporations and individuals. Mr. Coker is adept at both, and was awarded a Certificate in Business Valuation from the Harvard Business School.
* High-level executive experience, over 365 cases, math skills, and strong credentials as a widely published author provide a unique set of skills that result in superb testifying techniques and the ability to produce impressive and convincing economic damages reports that are equally understandable by a judge as well as a jury.
* Credibility is assured based upon prior positions held at Citicorp, Ford Motor Credit Corp., and entities that are now part of Citigroup, Bank of America, Bank One / JPMorgan Chase Bank, and AmSouth Bank / Regions Financial, as well as high-level positions with a governmental banking regulatory agency.
* Hired numerous times by the FDIC, Resolution Trust Corporation, IRS (7 times), World Bank, and other governmental entities as their expert consultant on valuation and other banking and financial matters.
* Work for both plaintiffs and defendants.
* Listed in the recommended consultant databases of both the American Association for Justice (f/k/a/ ATLA) and the Defense Research Institute (DRI).
* A high level of professionalism and efficient management skills allow for a quick turnaround on short-fused work assignments without compromising quality.
* Travel is not a problem, and consulting assignments have been completed for clients in 45 states and 22 foreign countries in the Americas, Europe, Asia, and Africa.
* Professional appearance and personable demeanor as well as personal communications skills needed to relate to a jury. Listed in Who's Who in America and Who's Who in the World.
* Mr. Coker serves clients worldwide from his office in the northern metro Atlanta, Georgia, area, and can be reached at Bankexpert@cs.com or (770) 852-2286.
Don Coker, Economic Damages Expert Consultant and Expert Witness
Professional Background Summary:
* Presently serve as an independent consultant offering consulting, research, and expert witness consulting services worldwide. Consulting assignments have involved disputed matters as large as $20.8 billion and have included matters in 45 states and over 50 foreign countries in the Americas, Europe, Asia, and Africa. Expert witness experience includes assisting both plaintiff and defense counsel.
* Prior employment positions include 20+ years' experience in management at banks, savings & loans, credit companies, mortgage banking companies, and a governmental financial institution regulatory agency. Positions held include Board of Directors member, Executive Vice President, Senior Vice President, Manager of Lending, Manager of Mortgage Banking, Regulatory Supervisory Agent (tantamount to CEO). Committee memberships included Loan Committee, Executive Committee, Audit Committee, and Pension Plan Trustee. Served as a corporate officer of various financial institution subsidiaries.
* Management responsibilities have included as many as 300 people in 22 locations nationwide in ten states and $1.8 billion (in 2008 dollars) in gross assets. Directly responsible for originating over 36,000 loans of all types totaling approximately $5 billion, and reviewing well over 100,000 financial statements and credit reports and over 25,000 real estate appraisals.
* Called on by banking regulators to provide regulatory management and oversight at troubled financial institutions on several occasions and lasting over two and one half years.
Representative Client List:
Banking:
The World Bank
Citigroup/CitiFinancial
Bank of America
Bank of America - Canada
NationsBank
JPMorgan Chase Bank / Bank One
JP Morgan Securities, Inc.
(JPMorgan) Chase Home Loans, Inc.
Wachovia Bank
First Union Bank
SouthTrust Bank
U.S. Bancorp
Wells Fargo Bank
Wells Fargo Mortgage
Washington Mutual Bank
Countrywide Financial Corporation
Countrywide Home Loans, Inc.
Credit Suisse First Boston Mortgage Capital, LLC
National City (Bank) Corporation
KeyCorp
Bank of Oklahoma
Sunbelt Savings
Sunbelt Federal Bank
PanAmerican Bank
Bluebonnet Savings
Standard Pacific Savings Bank
First National Bank of Brewton, AL (BancTrust)
Southeast Bank of Miami, FL
Barnett Banks, Inc.
Bank of the Southwest
Priority Bancorp
Southern Security Bank
Tanzania Institute of Bankers
Bank of Tanzania (central bank)
Goldome Realty Credit Corp.
Western Gulf Savings & Loan
Gulf Horizon Mortgage
American Savings & Loan
AmSav Mortgage
EDS - BEI Golembe (Banking) Consultants
Governmental:
FDIC
Resolution Trust Corp.
Federal Reserve Bank of Atlanta
Federal Savings & Loan Insurance Corp.
Federal Home Loan Mortgage Corp.
U.S. Department of Education, Inspector General's Office
Farm Credit Bank
State of Texas, Savings & Loan Department (Regulators)
Internal Revenue Service, U.S. Treasury Department
Ten Municipalities in CA and CO
Tanzania Revenue Authority (tantamount to IRS)
United States Air Force (Guantanamo Bay, Cuba)
New York Governor George Pataki's Office of Regulatory Reform
Insurance:
AIG
CNA
St. Paul Travelers
Lloyds of London, UK
Liberty Mutual Insurance Co.
Acadia Insurance Co.
Erie Insurance Co.
Employers Mutual Insurance Co.
Military Premium Managers
Reliance Insurance Company
Physicians Mutual Insurance Co.
Physicians Life Insurance Co.
International Transport Intermediaries Club, Ltd., UK
North River Insurance Co.
American Casualty Insurance Co.
National Union Fire Insurance Co.
Continental Casualty Insurance Co.
Crum & Forster Managers
Xerox Financial Services
Thomas Miller & Company, UK
Corporate:
Ford Credit
Cisco Systems
Walmart
IBM - Lotus Development
Kawasaki
International Accounting Standards Board Foundation (London, UK)
Network Software Associates
Prentice Hall Publishing
NBI Software
NAPA Auto Parts
Darryl's Restaurants
Sears
Heritage Motels. Inc.
Barron's Educational Software
Calco Aerospace
Ruby Tuesday
Remington Investments
Alpha Software
Phivos Karnaos (London & Moscow)
Jancik Concrete Specialties
Keytronics
George B. Kaiser, Forbes 400 List
Concord Boat Corp.
Houlihan's Restaurants
ButtonWare Software (PC Calc+)
Fillette Green Shipping
Zapadnoe Koltze (Russia)
Benchmarking Partners
Gary Tharaldson, Forbes 400 List
Simon & Schuster Publishing
Morrison's Cafeterias
Broderbund Software
Computer Associates
TimeWorks Software
WordStar
Cliff's Notes Publishing
Christian Bay Shipping Company
DataEase International
AddStor Software
Kilimanjaro International
Boston Credit Corp.
Books, Publications & News Media:
Complete Guide to Income Property Financing & Loan Packaging, Prentice Hall, 1984.
Self-Management: A Guide to Career Advancement and Development, written under contract for Prentice Hall, 1985.
Complete Real Estate Computer Workbook, Technical Editor, Prentice Hall, 1986.
The Complete Loan Officers Handbook, presently writing.
"Money Laundering: A Dirty Business," White-Collar Crime Reporter, Oct. 1991.
Treasury Magazine published by The Economist. Interviewed and quoted in an article written by a U.S. News and World Report Editor.
"How You Can Help Your Client Get a Loan to Finance Real Estate Projects," Practicing Attorney's Newsletter, April 1984.
"Getting a Grip on Core Deposit Intangibles," American Banker newspaper, 1996.
"The Dollars and Sense of Business Valuation," published on the website of the American Bank Attorneys Association, April 1996.
"Putting a Cash Value on a Business," interviewed by Lawyers Weekly, May 6, 1996.
"Business Valuation Techniques," Business Locator, May 1996.
"Valuing Businesses," TAB Letter, Technical Assistance Bureau, June 1996.
"Using Business Value to Achieve Ad Valorem Tax Reductions on Commercial Real Estate Properties," Journal of Property Management, June 1997.
What's Working in Credit & Collection, interviewed, quoted re: bank drafts, March 1997.
"Making Sense of Internet Stock Values," TAB Letter, July 1999.
Africa Today, extensive video coverage by Reuters News Agency of Tanzania Revenue Authority training program, Arusha, Tanzania, March 11, 2001 and other dates.
Interviewed by ITV Television Network on the subjects of banking, taxation, economic growth and development, and capitalism in Tanzania, in Arusha, Tanzania, March 16, 2001. Aired on March 17, 2001, and subsequent dates.
The Atlanta Journal-Constitution, interviewed for an article on banking regulatory policies and procedures, and banking practices, August 21, 2001.
The Atlanta Journal-Constitution, interviewed for an article on banking practices and procedures to help deter terrorism, September 19, 2001.
The Atlanta Journal-Constitution, interviewed for an article on banking practices and procedures involving funds transfers and money laundering by terrorist groups. September 21, 2001.
The Baltimore Sun, interviewed for an article regarding considerations for the future of Allied Irish Banks, PLC's, American subsidiary Allfirst Bank. May 30, 2002.
The Atlanta Journal-Constitution, interviewed for an article on changes in banking practices and procedures as a result of the September 11, 2001, terrorist attacks. August 29, 2002.
Mortgage Lending Compliance Alert, provided input for a question and answer section regarding closing costs for home mortgages. May 18, 2005.
Newark Star-Ledger newspaper, interviewed on the subjects of check cashing and the need for enhanced identification verification systems. May 26, 2005.
Bank Insurance & Securities Marketing Magazine, interviewed regarding ethical training considerations and the Securities & Exchange Commission's recently enacted Investment Adviser Code of Ethics. June 21, 2005.
Mortgage Lending Compliance Alert, provided input for an article regarding the legal, regulatory, and marketing considerations of providing lending services to Spanish speakers. June 21, 2005.
Bank Security & Technology, provided input for a question and answer section regarding bank facility security. August 11, 2005.
Bank Security & Technology Alert, provided input for an article regarding the security of bank computer systems. November 9, 2005.
Chicago Sun-Times, interviewed on bank marketing issues. January 9, 2006.
American Prospect Magazine, provided input for an article on business and banking ethics written by a reporter for the Philadelphia Daily News. February 1, 2006.
Bank Security & Technology Alert, provided input for a question and answer section regarding bank record retention. February 8, 2006.
Patent:
On July 8, 2002, the United States Patent & Trademark Office registered a Provisional Patent to Don Coker for a business process for improving the prevention and detection of financial fraud involving personal and business checks, cashier's checks, postal and commercial money orders, letters of credit, bills of exchange, drafts, and many other types of financial instruments. On July 1, 2003, the formal Patent Application was filed. This Patent was sold in December 2006 and closed in February 2007.
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Credit Card Expiration Dates and FACTA
By Don Coker
The Fair and Accurate Credit Transaction Act ("FACTA") was passed by Congress and signed into law on December 4, 2003, and became fully effective on December 4, 2006. The purpose of FACTA is to reduce the amount of personal confidential financial information that is generated and thereby reduce the incidence of identity theft and credit card fraud. In keeping with this goal, 15 USC 1681c(g)(1) requires that merchants that issue receipts to individuals truncate all but the last four or five digits of the customer’s credit card account number and truncate the entire expiration date.
Unfortunately, and despite the fact that FACTA was widely discussed before and after its passage, many merchants simply have ignored these aspects of FACTA, apparently based upon their belief that expiration dates are unimportant to a criminal. They are wrong. Credit card expiration dates are very important and useful to criminals. Consider the following:
* Expiration dates are one of the inputs needed to calculate the 3-digit security code (CVV2 or CVC 2) on the back of a credit card.
* Expiration dates are required for some, but not all, online purchases, as clearly demonstrated by my recent online test purchase at Wal-Mart, the world’s largest retailer.
* Expiration dates combined with the last four or five digits of an account number can be used to bolster the credibility of a criminal who is making pretext calls to a card holder in order to learn other personal confidential financial information.
* Expiration dates are solicited by criminals in many e-mail phishing scams.
* Expiration dates are one of the personal confidential financial information items trafficked in by criminals.
* Expiration dates are described by Visa as a “special security feature.”
* Expiration dates are one of the items contained in the magnetic stripe of a credit card, so it is useful to a criminal when creating a phony duplicate card.
* Expiration dates are easy to exclude from receipts and involve minimal expense, even for a major retailer with hundreds of stores and cash registers.
* Expiration dates are required to be excluded from printed receipts, according to Visa’s Rules for Merchants, which predates FACTA.
* Expiration dates are required to be excluded from printed receipts, according to MasterCard International's Rules, which predates FACTA.
* Expiration dates are required to be excluded from printed receipts given to individuals, according to laws passed or introduced in at least thirty-four states.
* Expiration dates are required to be excluded from printed receipts given to individuals, according to FACTA.
The costs for a merchant to implement FACTA are small, but the potential losses to individuals from identity theft and credit card fraud are great. Accordingly, it is difficult to see how any merchant could fail to see the risk of harm to which they willfully are exposing their customers by not truncating expiration dates as required by FACTA as well as Visa and MasterCard International merchant rules as well as many state laws.
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Don Coker is an experienced banking expert witness consultant who has worked on over 365 cases nationwide and testified 93 times. He is a former banker and banking regulator, widely published, and often quoted in the media. He is available to discuss FACTA and other banking, finance, economic and credit damages, fraud and embezzlement, real estate, business valuation, and related cases with attorneys. Mr. Coker operates worldwide from his office that is located in the metropolitan Atlanta, GA area, and can be reached at Bankexpert@cs.com or (770) 852-2286.
Copyright 2007 - 2008 by Don Coker
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Don Coker, Economic Damages Expert Consultant and Expert Witness
Education:
College & University:
University of Alabama, BA.
University of Alabama, post graduate work.
University of Houston, post-graduate work.
Spring Hill College, AL, masters degree-level work.
Southern Methodist University, TX, executive education work.
Harvard Business School, MA.
Certificate in Business Valuation.
Professional Education:
* American Bankers Association - American Institute of Banking: financial statement analysis, business finance, bank investments, principles of bank operations, bank management, trusts.
* National Institute of Real Estate Boards, commercial real estate finance.
* International Council of Shopping Centers, shopping center finance.
* National Hospital Association, one-week workshop in healthcare entity finance and valuation.
* Mortgage Bankers Association, workshops in multi-family and SFR lending.
* Federal Home Loan Bank of Dallas, training workshops on financial institution management, lending, investments, operations, et al.
* Texas Savings & Loan Department, training workshops on financial institution management, lending, investments, operations, et al.
* Federal Home Loan Mortgage Corp., real estate financing workshop.
* First National Bank of Mobile, AL (later AmSouth Bancorporation, now Regions Financial), financial statement analysis, business finance, bank investments, credit card operations, deposit operations, bank management, trusts.
* Gibraltar Savings Association (now Bank of America), commercial real estate finance, valuation, joint-ventures.
* Citicorp, business, corporate, and real estate finance, valuation, deposit products, investments.
* Southwest Bancshares (later Bank One, now JP Morgan Chase Bank), business finance and real estate investments.
* Commercial Credit Corp. (now Citigroup), one-week Corporate Marketing Conference covering in-depth training in all financial products, plus 28 CDC Learning Center courses in business and economic subjects.
* Frost Bank, advanced credit analysis and business finance.
Other Professional Activities:
* Consultant on various economic, valuation, real estate, marketing, and banking matters for clients in 45 states and 22 foreign countries in the Americas, Europe, Asia, and Africa.
* Expert Witness, for plaintiff and defense, listed in both the American Association for Justice's (f/k/a Association of Trial Lawyers of America) and the Defense Research Institute's databases of recommended consultants, plus state and local databases in at least AR, CO, DC, HI, IL, IA, KY, LA, MN, MS, NH, NY, NC, OH, PA, SD, WA, and San Francisco.
* Phillips College, former Adjunct Professor of Business.
* Institute of Financial Education, approved instructor for the educational arm of the U.S. League of Savings Institutions.
* Prentice Hall Publishing, Simon & Schuster, Paramount Communications, technical editor and consultant on banking and real estate subjects.
* Holiday Inn, Lender Advisory Panel.
* Rodeway Inn, Lender Advisory Panel.
* Novick's Money Market Seminars, panelist.
* National Directory of Corporate Distress Specialists, approved management consultant.
* Licensed Sports Agent, approved by the NCAA, Major League Baseball Players Association, and the AL Athlete Agents Regulatory Commission.
* American Arbitration Association, approved Professional Commercial Arbitrator.
* State of Texas Real Estate Commission, approved instructor and writer of courses.
* Texas Real Estate Broker's License held for over ten years.
Past Professional Memberships:
* American Bankers Association
* American Institute of Banking, Chapter Officer and Bank Consul
* U.S. League of Savings Institutions
* Institute of Financial Education, Instructor
* Mortgage Bankers Association
* Texas Mortgage Bankers Association
* American Council of State Savings Supervisors
* American Bankruptcy Institute - Committee assignments: Public Companies, Real Estate, International, U.C.C., Commercial Fraud Taskforce, Real Estate, Healthcare.
* Board of Realtors
* National Association of Homebuilders
* International Council of Shopping Centers
* Houston (TX) Chamber of Commerce, Economic Development Committee, 9 years
Civic Activities:
* Katy School District (Houston suburb), Trustee, elective position.
* U.S. Army Reserve, 1966-1968, Officer Training, Ft. Bragg, NC; Honorable Discharge.
* Nottingham Country Civic Club, officer, 1,500 family neighborhood association.
* Greater Grady Hospital System Task Force, uncompensated volunteer consultant seeking financial solutions for Georgia's largest public hospital system.
* High Art Museum, Atlanta, Georgia, Member and supporter.
* Sunday School teacher, usher, host.
Recognition in Biographical Reference Books:
Who's Who in America, 52nd - 56th eds.
Who's Who in the World, 12th - 16th eds.
Who's Who in Finance & Industry, 26th - 29th, 33rd eds.
Who's Who in Medicine & Healthcare, 1st - 4th eds.
Who's Who in the South & Southwest, 21st - 33rd eds.
Directory of Distinguished Americans, 5th ed.
Who's Who Registry of Global Business Leaders, 1993 - 1994 ed.
Who's Who of Emerging Leaders of America, 3rd ed.
Who's Who Registry of Business Leaders, 1994 ed.
Personalities of America, 5th ed.
Personalities of the South, 14th ed.
Employment History:
1986 - Present: Economic and Banking Consultant, Atlanta, Georgia. Consulting and Expert Witness engagements covering all areas of banking, valuation, economics, intangible assets, damages, lending, subprime loans, banking operations, credit card operations, FACTA, commercial and residential real estate, due diligence, international matters, management, finance, and business nationwide and in over 50 foreign countries in the Americas, Europe, Asia, and Africa. Also, interim management work and governmental regulatory oversight work.
1985 - 1986: Executive Vice President, Manager of Lending and Mortgage Banking, Board of Directors Member, Home Savings (now Bank of America), Houston, TX. Manager of all lending and mortgage banking. Number Two Executive. Heavily involved in investments and deposit activities. Officer of several subsidiary companies. Member of Loan Committee, Executive Committee, Audit Committee, et al.
1984 - 1985: Senior Vice President, Manager of Lending and Mortgage Banking, First Federal Savings (now Guaranty Bank), San Antonio, TX. Manager of all lending and mortgage banking. Number Two Executive. Heavily involved in investments and deposit activities.
1983 - 1984: Southwest Regional Manager, Ford Motor Credit Corp., Houston, TX. Manager of commercial real estate finance, and some financing with dealers.
1977 - 1983: Regional Manager, Commercial Credit Company (now Citigroup), Houston, TX. Manager of commercial and residential real estate financing for the southwest, and involved in all financial products offered by the $7 billion company.
1974 - 1977: Manager of Commercial Real Estate Lending and Mortgage Banking, Southwest Bancshares (later Bank One, now JPMorgan Chase Bank), Houston, TX. Also involved in the origination and administration of construction loans, deposit and investment activities for lending clients including wealthy foreign nationals, corporate and personal lending, and credit card operations.
1973 - 1974: Assistant Regional Manager and Assistant Treasurer, Citicorp Real Estate, Houston, TX. Mortgage banking and construction lending for Citibank, N.A. (NY), and deposit and investment activities for wealthy foreign clients.
1972 - 1973: Loan Officer and Manager of Lending Department, Gibraltar Savings (now Bank of America), Houston, TX. At age 26, managed the day-to-day operations of Texas' largest S&L (55th largest in the U.S.). Handled construction and subdivision development loans, joint-ventures, and high-volume builder accounts.
1968 - 1972: First National Bank of Mobile (later AmSouth Bancorporation, now Regions Financial), Mobile, AL. Mortgage and real estate specialist in the Trust Department. Trained and worked in all areas of the bank including checking and savings, credit, corporate lending, personal lending, international, investments, trusts and estates, portfolio management, stock transfer, corporate bond trustee, corporate pension plan management, credit cards, and funds transfers.
Previous Websites Included for Reference Purposes:
http://firms.findlaw.com/Bankexpert/
http://firms.findlaw.com/CheckFraud/
http://firms.findlaw.com/BusinessValuation/
http://firms.findlaw.com/BusinessPlans/
http://home.talkcity.com/PresidioDr/bankexpert/DonCoker.html
Entire Website Copyright 2005-2008 by Don Coker