About David
David Alfaro is a Senior Managing Director and co-leads the Data & Analytics West Coast practice and is based in San Francisco. Over his 30-year career, Mr. Alfaro has led more than 200 engagements as an expert witness and expert consultant, nearly all of which have been in the investigations and disputes space.
Throughout his career, Mr. Alfaro has provided testimony in numerous matters involving alleged breach of contract, misappropriation of trade secrets, unfair competition, intentional interference with prospective business, breach of fiduciary duties, theft, fraud, RICO and other similar allegations, which depended upon the recovery and analysis of financial, accounting, human resource and operational data.
Mr. Alfaro is an expert in the areas of collecting enterprise-wide information with extensive experience in complex, data-intensive analyses in response to government or internal investigations and litigation. In this capacity, Mr. Alfaro has provided formal and informal testimony to federal and state courts, the Federal Trade Commission (“FTC”), the Consumer Financial Protection Bureau (“CFPB”), the Federal Bureau of Investigation (“FBI”), the Securities and Exchange Commission (“SEC”), the Department of Justice (“DOJ”), the U.S. Attorney’s Office, the Financial Industry Regulatory Authority (“FINRA”) and other federal agencies.
Relevant Experience:
- Retained as the Independent Compliance Monitor in accordance with an FTC settlement with a financial services company to conduct biennial reviews of the company’s end-to-end operations, including their compliance programs, supporting ERP systems and loan servicing, as well as the investigation of ongoing complaints related to allegations of overcharged late fees, improper interest calculations and other loan servicing and credit reporting activities
- Retained as a FINRA-mandated independent third-party examiner by a major financial institution to review and assess alleged violations of federal securities laws related to their broker-dealer and mutual fund businesses and fees charged to customers
- Retained as the forensic investigator and fact finder for the Debtors involved in a $590 million Ponzi scheme to conduct a comprehensive forensic investigation into the fraud committed by the debtors’ prior management; Mr. Alfaro’s work was used to assist the Court in finding that the company was in fact operated as a Ponzi scheme for more than 13 years, and once determined to be a Ponzi, Mr. Alfaro’s team quantified net claims and potential clawbacks
- Retained in more than a dozen separate class actions against large financial institutions to assist in their defense of allegations asserting that they aided and abetted separate Ponzi and similar fraud schemes; in two of these cases, Mr. Alfaro’s work included expert testimony rebutting damages that were predicated upon the sources and uses of funds as well as transaction tracing
- Retained by counsel representing a large financial institution to independently investigate and respond to allegations made by the CFPB and separately by the DOJ that the institution engaged in inappropriate sales practices resulting in unauthorized accounts; Mr. Alfaro’s work entailed a data-driven approach to assess the allegations, which included customer onboarding and downstream activity
- Retained by counsel in five separate class actions to assess the merits of Plaintiffs’ claims and to formulate class certification rebuttal arguments stemming from allegations that the financial institution overcharged nonsufficient funds (“NSF”) and overdraft-related fees (including such fees related to approved positive, settled negative (“APSN”) debit card activity)
- Retained by a large healthcare staffing company to evaluate its historical client billing and employee compensation practices, and whether both conform to the company’s protocols, policies and procedures as well as local and federal laws pertaining to the effectuation of each (e.g., state-level wage and hour violations, and Fair Labor Standards Act (“FLSA”) violations)
- Retained by a large gig economy company to assess and respond to several inquiries and lawsuits by federal and state regulators, alleging that the company was in violation of the FLSA as well as deceptive advertising regarding expected earnings (among many other allegations)
- Provided testimony to the SEC regarding FTI Consulting’s role as a forensic accountant to the Independent Special Committee formed by a company’s board of directors to investigate certain accounting practices; Mr. Alfaro’s testimony was used to support the criminal conviction of an employee for theft and embezzlement
- Retained by the independent board of directors of a multinational company to conduct a thorough, company-wide forensic investigation into alleged acts of misconduct perpetrated by certain officers and related parties; the investigation included the recovery and consideration of more than six million documents, 11.4 million accounting records and 50 interviews; and concluded with informal testimony to the DOJ, FBI and SEC
Education
B.S., Business Administration, University of California at Berkeley
B.A., Legal Studies, University of California at Berkeley
-
Contact
T: +1 415 283 4220
david.alfaro@fticonsulting.com -
Office
50 California Street
Suite 1900
San Francisco, CA 94111
United States
-
Expertise
Bribery & Corruption Investigations & Compliance
Employment Litigation
Forensic Accounting & Investigations
Litigation Support & Analytical Services
Securities Litigation & Risk Management