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Why Ross Mallioux

Banking Expert Witness & Litigation Support

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Why Retain Ross Mallioux​


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 Real-World Banking Experience

My opinions are based on decades of hands-on direct lending and management of mortgage, consumer and commercial lending, lending and deposit operations, as well as executive leadership within financial institutions—not solely back-office or academic knowledge.

 

Equally important, I clearly and effectively explain complex banking practices in a way that is understandable, practical, and framed in real-world terms.

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Daubert-Ready Methodology
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Every opinion is developed using a structured, repeatable methodology designed to withstand Daubert challenges under Rule 702, which includes:
 

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  • Identification of applicable standards (regulatory, institutional, and customary practice)

  • Application of facts to those standards

  • Clear articulation of conclusions with supporting rationale

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Areas of Expertise​​​
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  • Banking operations and procedures

  • Fraud, AML/BSA monitoring, and suspicious activity reporting

  • Funds availability and payment systems (ACH, wire, check processing)

  • Consumer protection and regulatory compliance (UDAAP, Reg CC, NACHA)

  • Commercial, Consumer, and Mortgage lending and credit administration​

 
AML / BSA & Fraud Monitoring
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  • Transaction monitoring systems

  • Suspicious activity identification and escalation

  • Elder financial exploitation

  • Reasonableness of bank response and controls

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Funds Movement & Payment Systems

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  • ACH processing and NACHA compliance

  • Wire transfers and fraud risk controls

  • Check fraud and deposit availability (Reg CC)

  • Chargebacks, returns, and loss allocation​

 
Banking Operations & Internal Controls
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  • Policies and procedures

  • Frontline vs. back-office responsibilities

  • Risk management frameworks

  • Operational breakdown analysis​

 
Lending & Credit Practices
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  • Commercial lending standards

  • Underwriting practices

  • Loan servicing and administration

  • Workout, default, and receivership practices

 
Consumer Protection & Regulatory Compliance

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  • UDAAP considerations

  • GLBA and customer data handling

  • Reasonable banking practices and duty of care

  
Engagement Types
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  • Case evaluation and merit review

  • Expert reports and rebuttal reports

  • Deposition and trial testimony

  • Consulting support for litigation strategy​

 
Approach
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  • Document Review

    Comprehensive review of policies, procedures, transaction records, and communications.

  • Standard Identification

    Determination of applicable regulatory and industry standards.

  • Analysis

    Comparison of bank actions against expected practices.

  • Opinion Formation

    Clear, supportable conclusions with documented rationale.

  • Reporting & Testimony

    Professional, defensible written and oral communication.

 
Representative Matters

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Retained by Counsel in Matters Involving:
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  • Alleged deposit fraud involving multi-institution account activity

  • AML monitoring failures and suspicious activity escalation

  • Elder financial exploitation and bank response adequacy

  • Commercial, Consumer, and Mortgage real estate lending disputes and receivership

  • Conflicts of Interest and Self-Dealing​

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​​​​​​For engagement inquiries, contact me directly to evaluate your matter and determine whether I am an appropriate consulting or testifying expert for your case.

 

 

 

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Litigation Support Ross Mallioux Banking Expert Witness
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