Robert Crisafulli is a managing director in the Disputes and Investigations practice and based in New York. Robert leverages his financial experience to provide clients with a broad range of litigation, forensic, and investigative services.
Robert has over 15 years of experience both as a capital markets practitioner focusing on complex structured financial products and as an advisor to clients involved in corporate restructurings and capital markets transactions. He has advised corporate executives, board of directors, creditor constituencies, and clients involved in debt financings through a myriad of complex financial issues. Additionally, he has advised debtors, secured lenders, public pension managers and unsecured creditors’ committees in the context of out-of-court restructurings, Chapter 9 and Chapter 11 bankruptcy proceedings.
Robert has experienced the capital markets from several unique perspectives throughout his career, having at various times underwritten several billion dollars of structured finance transactions, managed the surveillance and risk management of diverse multi-billion dollar portfolios, and advised clients on remediation and litigation matters related to complex financial situations. As an advisor, he has provided financial advisory, litigation support and expert services across a spectrum of structured finance and complex financial cases.
Robert has broad experiences across diverse types of debt financing including corporate debt, RMBS, CMBS, Student Loans, Structured Finance CDO’s, and several types of commercial asset backed securities including operating assets, intellectual property, and leverage buyouts. In addition, he has provided clients with business assessments, investigatory services, financial modeling and liquidity analyses across a broad range of industries, including chemicals, financial insurance, mortgage servicing and origination, municipal, shipping and container leasing.
Robert earned a B.S. degree from Hobart College.
- Retained as a financial advisor to the Chapter 11 Trustee in the Bankruptcy of Corporate Resource Services, Inc. to provide financial, operational and investigative support.
- Retained as a financial advisor to the Chapter 11 Trustee in the Bankruptcy of TS Employment, Inc. to provide financial, operational and investigative support.
- Retained by counsel to provide litigation support in actions involving derivative financial structures.
- Retained by counsel to the Chapter 7 Trustee of a construction company to provide financial, operational and investigative support.
- Served as financial advisor representing DIP lenders in the bankruptcy proceedings of a large petrochemical company. Scope of work included an analysis of the financial and business
- circumstances that led to the bankruptcy, weekly business reviews, cash flow forecasts and advise as to financial viability of exit strategies.
- Retained on behalf of a confidential multinational bank to provide litigation support in its defense against allegations of tortious interference with a direct on-line marketing company’s sale process and breach of contract. Scope of work included an analysis of the financial and business circumstances that led to the investment seeking bankruptcy protection and calculations of potential damages. An investigation centering on the factors which made the sale process ultimately unsuccessful was conducted, and it was ultimately used to help establish the inaccuracy of claims, resulting in a favorable settlement.
- Retained by counsel of a confidential equity sponsor and former director to provide expert damage testimony in defense of allegations they misled a healthcare information technology provider in its pursuit of acquisition targets, which resulted in the healthcare information technology provider ultimately filing for bankruptcy. Scope of work included an analysis of the financial and business circumstances that led to the investment seeking bankruptcy protection and calculations of potential damages. After concentrated efforts, the strategic information provided around failed business strategies by the healthcare technology provider and regulatory changes in the industry helped to dispel many of the allegations made, resulting in an advantageous position to our client in ultimately successful settlement negotiations.
- Retained through counsel on behalf of Bank of New York Mellon (as Trustee) to provide expert testimony on damages calculation.
- Retained on behalf of a confidential financial institution to provide litigation support in its defense of its participation in certain structured finance CDO’s. Scope of work included a damage analysis, extensive transaction document review and analysis, analysis of RMBS and Structured Finance CDO performance, and reconstruction of trades made within the CDO’s.
- Served as financial advisor to a large pension fund in Chapter 9 bankruptcy proceedings in California addressing issues related to debtor eligibility, cash flow insolvency, asset valuation, revenue generation solutions, municipal cost structure and alternative capital sources.
- Retained by counsel to a confidential investment firm to provide litigation support services and assist the company and its counsel in determining potential claims arising from a series of underperforming investments. Scope of work included forensic analysis of current and former investments and determinations of fact in the investment management and high-tech start-up businesses.
- Retained by the Board of Directors of a financial services company, specializing in structured finance investments, to advise on business plan development and liquidity.
- Served as financial advisor to a consortium of financial institutions in connection with the remediation and restructuring of credit derivative exposures (primarily RMBS and CDOs backed by RMBS) to financial guarantors.
- Retained on behalf of a consortium of financial institutions to provide litigation support in a litigation concerning a corporate restructuring. The scope of work included extensive review of the performance and structure of several billion dollars of RMBS and structured finance transaction exposure.
- Retained by counsel in relation to review and assess as to the nature, structure and underwriting of RMBS and structured finance CDO transactions in relation to certain put-back related litigations.
- Retained by counsel to conduct an investigation into the servicing of a 9,000+ whole loan mortgage portfolio. Scope of work included a calculation of potential harm, review of governing documents and analysis of mortgage loan performance.
- Retained by counsel to review the actions of a CMBS servicer, including a reconstruction of the actions and an analysis of its impact on the CMBS transaction, and to advise on potential damages and settlement strategy.
- Retained to perform certain diligence and agreed upon procedures for a structured corporate bond offering of more than $1 billion notional. The diligence findings were shared with a consortium of participating financial institutions.
- Retained to perform certain diligence and agreed upon procedures for several structured finance transactions involving assets such as whole businesses, franchise fees, intellectual property, shipping containers, oil and natural gas equipment, film slates and advertising billboard leases. Scope of work included a verification of financial information relied on to the governing legal documents.
- Served as financial advisor to a distressed financial services company to evaluate strategic restructuring options, document and quantify the financial impact of internal shared services and review hedging strategies.