Ross Mallioux

Ross Mallioux

Banking Operations & Lending Expert – Former Bank President / Chief Lending Officer
1376 N. Amberwood Lane
Fayetteville, AR 72701
Mobile: 479-202-2231
Office: 479-202-2231
Introduction

EXPERT WITNESS PRACTICE | PLAINTIFF AND DEFENSE CASES
Provides independent banking-expert opinion in litigation and arbitration involving retail banking
operations, lending practices, credit administration, regulatory compliance, and standards of care
applicable to financial institutions. Accepts engagements from both plaintiff and defense counsel.
Assignments frequently involve review of transaction records, loan files, policies and procedures,
internal controls, and regulatory materials to evaluate whether conduct was consistent with accepted
banking practices under the circumstances presented.
Representative Subject-Matter Areas
• Bank operational, lending, and credit-administration standards of care
• Funds movement, payment processing, and customer transaction disputes
• Real-estate closing, title-company, and settlement-agent banking issues
• Loan origination, documentation, and consumer-disclosure practices
• Foreclosure, collateral recovery, and bank-owned asset disposition
• Internal controls, fraud prevention, and BSA/AML compliance practices

Scope of Services
Engagements may include initial case assessment, document and discovery review, preparation of
written expert reports compliant with Federal Rule of Civil Procedure 26 (and analogous state rules),
review and rebuttal of opposing expert reports, deposition testimony, trial testimony, and consultation
on case strategy and demonstrative materials.

TESTIMONY EXPERIENCE
Testimony experience to date includes the following forums:
• United States District Court, Western District of Arkansas — Trial testimony in matters involving
financial and banking issues
• United States District Court, Western District of Arkansas — Grand jury testimony in financial and
banking issues
• Arkansas state courts — Depositions and trial testimony in civil litigation involving banking and
financial matters
• United States Bankruptcy Court — Testimony in adversary proceedings

PROFESSIONAL SUMMARY
Independent expert witness and former senior banking executive with more than 40 years of
progressive executive responsibility in community and regional financial institutions. Career roles
include Chief Lending Officer, Division President, Market President, Senior Vice President, and Director
of Mortgage Lending, with institution-wide responsibility for retail banking and deposit operations,
residential mortgage lending, commercial and consumer lending, credit administration, internal controls,
regulatory compliance, and fraud prevention.
Executive oversight has encompassed the full range of operational, lending, and consumer-facing
functions through which deposits, payments, and funds movement are conducted in a community and
regional banking environment. Direct involvement in federal regulatory examinations, in litigation
as a designated bank representative, and in the disposition of foreclosed and bank-owned assets.
Engaged by retaining counsel to provide independent analysis and expert opinion on banking practices,
standards of care, operational conduct, lending practices, and causation issues in litigation and
arbitration. Work commonly includes document-intensive review, identification of relevant banking
policies and procedures, comparison of institutional conduct to accepted practices, and preparation of
opinions for report, deposition, and trial purposes.

AREAS OF EXPERTISE
Representative and non-exhaustive, based on professional experience.
Banking Operations and Standards
• Generally Accepted Banking Practices (as informed by regulatory guidance, institutional policies, and
examiner expectations)
• Retail Banking Operations and Internal Controls
• Retail Deposit Operations, Teller Functions, and Customer-Service Activities
• Payment Systems, Funds Movement, and Consumer Transaction Processing
• Negotiable Instruments and Check Processing; Endorsement Verification and Check Fraud (UCC
Articles 3 and 4)
• BSA/AML Compliance, Customer Authentication, and Branch-Level Fraud Prevention
• Identity Fraud Prevention and Customer Identification Program (CIP) Practices
• Wire Fraud, Business Email Compromise, and Recall-Request Handling
• Elder Financial Exploitation Detection and Bank Response
• Institutional Governance and Standards of Care
Lending and Credit Administration
• Residential Mortgage Lending Practices
• Commercial, Construction, and Consumer Lending Practices
• Consumer and Commercial Credit Administration
• Credit Underwriting, Credit Report Analysis, and Borrower Capacity Verification
• Loan Documentation and Disclosure Practices (TRID, RESPA, TILA, Fair Lending, Ability-to-Repay)
• Real Estate Closing Funds Flow and Coordination with Title and Settlement Agents
• Commercial Loan Workout, Forbearance, and Loss Mitigation Practices
• Loan Default, Collection, and Lender Reliance on Borrower and Third-Party Representations
Foreclosure, Collateral Recovery, and Disposition of Bank-Owned Assets
• Insider Transactions, Regulation O, and Conflicts of Interest in Lending
Litigation Support and Standards Analysis
• Banking Standards of Care and Causation Analysis
• Damages and Mitigation Analysis in Lending and Banking Disputes
• Regulatory Examination and Compliance Practices
• Litigation Support, Expert Reports, and Testimony


Areas of Expertise
  • Banking
  • Bankruptcy
  • Construction Lending
  • Consumer Credit
  • Elder Financial Abuse
  • Finance
  • Fraud Investigation
  • Litigation Finance
  • Mortgages
  • Risk Management

Expert Background
Q: Please list your professional accreditations, degrees, licenses, and certificates granted:
A: B.S.B.A., Finance, Banking & Real Estate — University of Arkansas, Sam M. Walton College of Business (1984)

Certified Real Estate Appraiser (CR) — (formerly licensed) background and experience in valuation review and collateral oversight.

Certified Real Estate Broker — (formerly licensed) background in real estate transactions relevant to lending.




Q: What services do you offer? (E.g.: consulting, testing, reports, site inspections etc.)
A: Generally Accepted Banking Practices 
​Independent evaluation of banking operations and decision-making in relation to generally accepted banking practices, standard of care, and risk-based frameworks.
​​
Loan Documentation 
Review of loan file documentation, completeness, and consistency with institutional policies, procedures, and customary lending practices.
​​
Litigation Support
Work product and support designed to help counsel evaluate banking records, practices, and operational context for litigation strategy.​​
 
Bank Governance, Internal Controls & Risk Management
Assessment of governance structures, internal controls, escalation processes, and operational risk management within financial institutions.
​​
Elder Financial Exploitation
Analysis of transaction activity, monitoring processes, and escalation practices relevant to alleged financial exploitation of vulnerable customers.
​​
Residential Mortgage Lending​
Evaluation of mortgage origination processes, underwriting practices, and loan file documentation within a banking operations context.
​​
Consumer Real Estate Compliance​
Review of consumer compliance practices and documentation related to mortgage and consumer lending operations (e.g., disclosures and process controls).
​​
Construction Lending​
Assessment of construction lending administration, draws, inspections, documentation controls, and generally accepted construction lending practices.
​​
Commercial Lending
Review of commercial credit practices, underwriting, documentation, and monitoring consistent with institutional risk management processes and generally accepted banking practices.

Retail Banking Operations​​
Evaluation of account operations, transaction handling, escalation protocols, and operational controls in retail banking environments.
Q: What is your hourly rate to consult with an attorney?
A: Contact for fee schedule
Q: What is your hourly rate to review documents?
A: Contact for fee schedule
Q: What is your hourly rate to provide deposition testimony?
A: Contact for fee schedule
Q: What is your hourly rate to provide testimony at trial?
A: Contact for fee schedule

References

Available Upon Request