James M Garber

Expert Witness, Barrington Financial Consulting
3800 American Blvd West Suite 1110
Bloomington, MN 55431

Work: (952)857-2411
Cell: (602)770-1002

Qualified Retirement Plans

401k Plan Management
DOL & IRS Rules / Regulations
Excessive Fees Determination
Mutual Fund Selection & Monitoring Duties
Plan Sponsor Fiduciary Duties
401k Plan Committee Duties
Plan Financial Advisor Duties
Investment Policy Statement ("IPS") Analysis
Plan Provider, Custodian & Financial Advisor Selection
QDIA Analysis
Securities, Insurance & Investment Management

401(k) Management
Annuities – Fixed, Fixed Index and Variable
Exchange Traded Funds (ETFs) & Mutual Funds
Fixed Income - Corporate, Mortgage Bonds & Treasuries
Margin Investing
Non-traded REITs
Options – Equity & Index
Structured Investments
Target Date Funds
RIA & Broker-Dealer Matters

Breach of Fiduciary Duty
Broker-Dealer & Registered Representative Sanctions
Broker & Investment Adviser Fraud
Due Diligence
Ethical Considerations
Omission of Facts
Securities Fraud
Suitability – FINRA Rules 2090 & 2111

Mr. Garber has over 30 years of financial experience with management of 401k plans, securities, investments, fixed, variable, fixed indexed annuities, financial planning and all monitoring required. He has served in a professional capacity as a financial advisor, investment fiduciary and supervisor at several wirehouses and 2 RIAs. He currently serves as a managing member/co-owner Process Design Capital Management, LLC a Registered Investment Advisor (RIA).

Mr. Garber has many years of experience in 401k plan management. His CFA® and AIF® designation along with the management of many 401k plans, he has developed extensive experience with the rules and regulations of plans. He is familiar with DOL and IRS rules and regulations regarding these plans. He has, with authority, helped companies install and/or manage 401k plans that follow all rules and regulations of the federal government to avoid potential lawsuits, fines and poor plan performance. His expertise has enabled these plans to be “managed for the sole benefit of the participants,” which is required by law.

Mr. Garber has been a financial advisor and has experience with individual and institutional accounts for over 30 years. His expertise includes all aspects of advice which includes security selection, portfolio management and financial planning and continuing monitoring that is required by a fiduciary. Additional expertise includes suitability, fiduciary standards and financial mismanagement among others.

Mr. Garber serves as a FINRA® arbitrator where he hears industry and public disputes concerning breach of fiduciary duties, negligence, failure to supervise, misrepresentation, breach of contract, monetary damages, and employment issues. As an unbiased arbitrator, Mr. Garber renders final and binding decisions after carefully weighing the facts of each case.

Curriculum Vitae