Ross Mallioux
Fayetteville, AR 72701
Office: 479-202-2231
EXPERT WITNESS & CONSULTING PRACTICE | PLAINTIFF AND DEFENSE
Provides independent expert witness and consulting services in litigation, arbitration, regulatory, and pre-litigation matters involving banking operations, lending practices, credit administration, regulatory compliance, fraud, internal controls, and regulatory expectations applicable to financial institutions.
Accepts engagements from plaintiff and defense counsel, financial institutions, businesses, and private parties in both testifying and consulting capacities.
Representative engagements commonly include evaluation of banking policies and procedures, institutional conduct, transaction records, loan files, internal controls, regulatory guidance, and industry practices to determine whether actions were consistent with accepted banking standards under the facts and circumstances presented.
PROFESSIONAL HIGHLIGHTS
• More than 40 years of executive banking experience spanning community and regional financial institutions.
• Former Chief Lending Officer, Division President, Market President, Senior Vice President, Director of Mortgage Lending, and Loan Committee Chair.
• Executive responsibility for retail banking operations, residential mortgage lending, commercial lending, consumer lending, credit administration, internal controls, fraud prevention, and regulatory compliance.
• One of the five most senior executive officers of a publicly traded financial institution.
• Primary management representative during federal regulatory examinations involving lending and credit administration.
• Bank-designated litigation representative in depositions and trial testimony.
• Experience testifying in United States District Court, United States Bankruptcy Court, Arkansas state courts, and federal grand jury proceedings.
• Retained nationwide as a banking expert witness involving accepted practices, banking operations, lending practices, payment systems, fraud, and regulatory compliance.
AREAS OF EXPERTISE
Representative Banking Subject-Matter Areas
Banking Operations & Standards of Care
• Banking Standards of Care and Generally Accepted Banking Practices
• Retail Banking Operations and Internal Controls
• Payment Systems, Funds Movement, and Consumer Transaction Processing
• Wire Fraud, Business Email Compromise, and Recall-Request Handling
• Negotiable Instruments, Check Processing, and Check Fraud (UCC Articles 3 & 4)
• BSA/AML Compliance, Customer Authentication, and Branch-Level Fraud Prevention
• Identity Fraud Prevention and Customer Identification Program (CIP)
• Elder Financial Exploitation Detection and Bank Response
• Institutional Governance and Operational Controls
Lending and Credit Administration
• Residential Mortgage Lending Practices
• Commercial, Construction, and Consumer Lending Practices
• Consumer, Commercial, and Mortgage 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
Expert Witness Services
• Banking Standards of Care and Causation Analysis
• Damages and Mitigation Analysis
• Regulatory Examination and Compliance Practices
• Expert Reports, Depositions, and Trial Testimony
- Banking
- Bankruptcy
- Construction Lending
- Consumer Credit
- Elder Financial Abuse
- Finance
- Fraud Investigation
- Litigation Finance
- Mortgages
- Risk Management
- 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
Available Upon Request