Thornapple provides expert witness services without predisposition toward either Claimant/Plaintiff or Respondent/Defendant. Any reservations as to the merits of a Client’s case are always conveyed to the Client and/or Counsel as a basis of evaluating both the advisability and basis of proceeding with trial or arbitration, and/or as a basis for determining potentially acceptable terms for mediation or settlement of the dispute.
Clientele:
Securities and Exchange Commission (S.E.C.)
Internal Revenue Service (I.R.S.)
State Banking/Insurance/Securities Commissioners & Attorney General
Bankruptcy Trustees
Individual investors: foreign and U.S.
Broker-dealer firms
Corporations & LLC’s: both foreign and U.S.
Trusts and Estates
Beneficiaries, Heirs, Successor Trustees
Banks and Savings & Loans
Insurance companies: foreign and U.S.
Municipal Retirement Funds
ERISA pension & profit-sharing plans
Investment Advisors and Hedge Funds
Exchange Market-makers
Religious & charitable organizations
Investment Instruments Covered:
Exchange-listed options on stocks and stock indices
Options on financial futures and foreign currencies
Exchange-listed & over-the-counter (OTC) stocks
Preferred stocks – fixed, adjustable, variable, auction – U.S. and foreign
Stock subject to Rule 144 and/or lock-up agreements
Warrants, ISO’s and Unregistered Options
OTC “designer” options : digital (binary), kick-out (ratchet, knock-out)
Convertible Securities – bonds and preferred stock
Foreign Currencies: future, options and forward contracts, ISDA Swap agreements
Corporate and Government Bonds
Municipal Bonds and municipal bond arbitrage
Auction and remarketed Debt and Preferred Securities
Futures/Forward contracts – to include inter-bank forward currency contracts
OTC Collars, “Liquidity” Contracts, Prepaid Cash Forward Contracts
Limited Partnerships
Collateralized Mortgage Obligations (CMOs), CDOs
Commodities futures and options
Issues in Dispute:
Suitability
Churning
Misrepresentations
Adequacy of risk disclosure
Unauthorized trading
Prime broker and other clearing arrangements
Failure to supervise
Abuse of discretion: formal and de facto
Fiduciary obligations of investment advisors/broker-dealers
Fiduciary matters involving trusts and estates
Portfolio management – including tax considerations
Trading out of approved strategies/guidelines
Options trading, strategies, “programs” and abuse
Reg. T, maintenance and porfolio margin
Reg. 9, account opening documents, annual review documents
Risk-arbitrage
Fixed income arbitrage – municipal and corporate
Market manipulation
Trade allocation and Ponzi schemes – stock, options & futures
Futures hedge/speculative margin determination
Broker-dealer operations and supervision
Derivative securities valuation
Failure to execute
Testimonial Forums:
FINRA Arbitration
New York Stock Exchange Arbitration
American Stock Exchange Arbitration
Chicago Board Options Exchange Arbitration
National Association of Securities Dealers (NASD) Arbitration
American Arbitration Association (AAA)
JAMS (Judicial Arbitration and Mediation Services)
National Futures Association
New York Mercantile Exchange (NYMEX)
United States Federal Court
United States Federal Bankruptcy Court
United States Tax Court
State Courts
S.E.C. Administrative Proceedings
NASD Disciplinary Hearing
New York Stock Exchange Disciplinary Hearing
Canadian Provincial Court