Expert Details

Expert in Supplier-Wholesaler-Dealership Relations, Fuel Pricing, PMPA, and Convenience Store Operations

Expert ID: 731292 Florida, USA

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A recognized international petroleum distribution thought leader, Expert created and continues to run a workshop in Prague, CZ, covering topics like alternative funding sources and alternative motor fuels, amongst other topics, for European oil and fuel firms. He created this workshop in February 2013.

Expert is currently serving as an expert witness for cases as varied as Federal bankruptcy of a fuel distributor to a Patent infringement case on gasoline dispensing equipment and POS systems.

Large C-Store Chain- Brought in to upgrade interior sales and deli / food-service programs at larger stores, review and suggest improvements to bring all operations (including fuel and LP distribution) for 100+ store chain into line with in-force operating and fuel supply agreements and loan covenants 2003. Provided fuel pricing and marketing input. Increased interior sales at “units of emphasis” by over 100% over 8 month period, food-service sales by an even greater amount. Primary contact was CEO/President. Resolved numerous regulatory issues with states (Tanks, enviExpertmental compliance) and local municipalities (Signage, Health Dept.) during contract length.

OEM Equipment Mfg. for Fuel Management - 1996-present (domestic, international) Provided both strategic management consulting input to CEO, and marketing and implementation programs for “Smart chip” based fleet and fuel management system. Numerous client liaisons, including multiple government agencies (Federal, state, municipal) all over the US, as well as the Governments of Jordan and Oman.

Key Achievements:
Increased domestic revenues by an average of 20 percent per year 1997-2007 using marketing plan
Bench-marking and analytic study of service and financial results lead to high growth rate.
Increased international revenues over 300 percent from 1998 to 2000, double digit growth since then
Led technology migration upgrade from DOS to Windows-based systems in end product
Large Food Distribution Firm - . Consulted on development and build-out of first USDA HACCP-certified cold storage facility, including construction oversight. Strategic and branding consulting to CEO/Chairman. CEO won award for the expansion and improvement of his firm’s services. Continuing consulting, including the imminent launch of a new brand of Organic Juices for distribution in the US, Canada, and the UK.

Key Achievements:
 Comprehensive enterprise-wide energy audit completed and efficiency program instituted – efficiency creates large pricing and service advantages.
Growth to largest food distributor in Jamaica following strategic plan – US $250 Million annually
New distribution model leads to market dominance
Expansion which involves new brand for exporting products being rolled out spring 2009
Advertising Agency – 1996–present (domestic, international) provided strategic management consulting to CEO of agency. (Quarterly firm performance review, staffing assessments, strategic vision), originated/authored multiple proposals and campaigns for clients as varied as a proprietary community broadband/Wi-Fi network to aircraft component manufacturer to a naval defense contractor. Developed several brands and brand families for clients.

Key Achievements:
 Ongoing benchmarking of operating results and strategic management input to principal
 Steady growth of revenues and profitability
 Expansion into international markets
 Positioned firms and brands for growth, growth realized
 Market Analysis and Strategic Direction leading to superior results
 Retooled distribution methods & practices to best efficiency
 Improved/instituted automated reporting and management response mechanisms

Expert may consult nationally and internationally, and is also local to the following cities: Miami, Florida - Hialeah, Florida - Fort Lauderdale, Florida - Hollywood, Florida - Pembroke Pines, Florida - Port Saint Lucie, Florida - Miami Beach, Florida - West Palm Beach, Florida - Pompano Beach, Florida - Boca Raton, Florida

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Education

Year Degree Subject Institution
Year: 1984 Degree: BA Subject: Economics Institution: Robert Morris College

Work History

Years Employer Title Department Responsibilities
Years: 1995 to Present Employer: Undisclosed Title: CEO, Principal Consultant and Expert Department: Responsibilities: Expert is Primary Consultant for this firm, of which he is Principal and Partner. He also provides litigation support as an expert witness in a number of cases.

International Experience

Years Country / Region Summary
Years: 1996 to 2002 Country / Region: Jamaica, W.I. Summary: Founding Managing Director - Provide executive leadership and founding vision to grow firm from start-up to market leader. Firm purchased market leader in 2006. Revenue growth from US $480,000 in 1996 to over US $200 Million in Fuel division in 2007.
Years: 2002 to 2003 Country / Region: Honduras, C.A. Summary: Developed and implemented multi-use “Smart Card” proprietary debit card / loyalty card program for dominant petroleum distributorship (156 units) in Honduras. Successfully launched and implemented in-country. Increased Phone card sales and Loyalty program participation by over 60 percent. Provided fuel marketing services.
Years: 2013 to 2013 Country / Region: Czech Republic Summary: Seminar- Development and Innovations in Petroleum Retailing. Developed and presented to top Russian and other Central European Oil Executives using his own copyrighted marketing and management program.
Years: 2014 to 2014 Country / Region: Moscow, Russian Federation Summary: Seminar - Petrol Stations Profitability: Related Business and Effective Network Management

Developed and presented to top Russian and State-owned oil firms executives using his own copyrighted marketing and management program for Multi-unit fuel chains.
Years: 2014 to Present Country / Region: Current Consulting Summary: Currently consulting for Clients in Central and Eastern European markets on subjects such as Dealership network management, pricing, and loss prevention.

Additional Experience

Expert Witness Experience
Expert has provided litigation support as an expert witness in the following cases:

(1) Patent infringement in a legal malpractice suit (2010-11)
(2) WExpertgful death suit (2011)
(3) Damages in insurance claim for petroleum pumping systems (2011-13)
(4) Fuel distributor's bankruptcy for the preferential transfer portion of the case (2012)
(5) Breach of contract: UCC Warranty Action for capital construction equipment (2012-13)
(6) Liability and damages for service station equipment (2014)
(7) PMPA violations: WExpertgful termination of franchise; unfair pricing; credit revocation; and retailix POS systems (2015)
(8) Personal injury: Negligence in furniture store operations (2015)
(9) Personal injury: Negligence in gas station operations and maintenence
(10) PMPA violations: WExpertgful termination of franchise; unfair pricing; credit revocation; and retailix POS systems (2016)
(11) PMPA violations: Unfair wholesale pricing; breach of contract; fraud; Robinson-Patman Act violations; and brand conversation agreement violations for multiple retail sites (2016-present)
(12) Breach of contract: Breach of gasoline amendments to franchise agreements; breach of good faith and fair dealing; breach of Florida Deceptive and Unfair Practices Acts for multiple franchisee retail sites in Florida (2017)
(13) Negligence and WExpertgful Death for a traffic accident at a truck stop entrance (ongoing)
(14) Fraud, breach of contract, and unfair dealing for bulk fuel delivery fraud (ongoing)
(15) Equipment malfunction and personal injury (ongoing)
(16) Negligence for underground storage tank repairs (ongoing)

Expert has also undertaken pre-filing consulting and reports for personal injury cases in Pensacola, FL (2017), and Atlanta, GA (settled).
Training / Seminars
SPEAKING AND TRAINING: Expert has given multiple speeches and seminars. Information available upon request.

Other Relevant Experience
LITIGATION SUPPORT: EXPERT WITNESS CONT.
8) PERSONAL INJURY CASE – NEGLIGENCE IN FURNITURE STORE OPERATIONS
Expert for Plaintiff in Personal Injury case involving Negligence in Operating Furniture Store Showroom. Research, consulting and report written in ongoing case.

9) PERSONAL INJURY CASE – NEGLIGENCE IN GAS STATION OPERATIONS & MAINTENANCE
Expert for Plaintiff in Personal Injury case involving Negligence in operating gas station during construction and maintenance on underground petroleum dispensing plant. Research, consulting and report writing in ongoing case.

10) PMPA VIOLATIONS - WExpertGFUL TERMINATION OF FRANCHISE, UNFAIR PRICING, REVOCATION OF CREDIT
Expert for Plaintiff in complex case. Client’s entities operated four AM/PM Arco site franchises revoked in 2013. Also involved forced purchase of franchisees. Recently retained (June 2016) will be writing report backed up with multiple exhibits relating to BPWCP pricing models for dealers, management program, franchisee obligations, and wExpertgful revocation of credit facility by BPWCP. Initial report due July 2016.

11) PMPA VIOLATIONS – UNFAIR WHOLESALE PRICING, BREACH OF CONTRACT, FRAUD, VIOLATIONS OF ROBINSON-PATMAN ACT, BRAND CONVERSION AGREEMENT
Expert for Plaintiff in complex case. Client created distribution entity to distribute fuels and converted 10 retail sites. Retained (June 2016) to show engaged in unfair pricing once it spun off owned sites in market to a separate firm they created, CST Brands. I have written report backed up with multiple exhibits relating to retail and wholesale pricing within the market area.

12) BREACH OF CONTRACT – BREACH OF GASOLINE AMENDMENTS TO FRANCHISE AGREEMENTS, BREACH OF GOOD FAITH AND FAIR DEALING, BREACH OF FLORIDA
Expert for Plaintiff in complex case. Plaintiff is multiple location of franchisee, who is a consignment gasoline (commission) dealer for company's branded fuel on all sites. Expert will be completing a discriminatory pricing data set for each of the sites involved out to a 3 mile radius, Expert will be providing a written report backed up with multiple exhibits relating to the retail pricing and the impact on store traffic.

13) NEGLIGENCE, WExpertGFUL DEATH – TRAFFIC ACCIDENT AT ENTRANCE TO TRUCK STOP – (ONGOING)
Expert for Plaintiff in wExpertgful death action involving improperly-designed entrance to truck stop

14) FRAUD, BREACH OF CONTRACT, UNFAIR DEALING – BULK FUEL DELIVERY FRAUD – (ONGOING)
Expert for defendant in original action for payment, and for same party as plaintiff in countersuit alleging fraud in bulk fuel delivery volume measurements.

PRE-FILING CONSULTING AND REPORTS – PERSONAL INJURY CASE IN PENSACOLA, FL (2017)
Retained July 26, 2017 to complete site assessment and report for personal injury case for Florida State Court filing for plaintiff’s counsel. (ongoing)

PRE-FILING CONSULTING AND REPORTS – PERSONAL INJURY CASE (SETTLED)
Retained in Sept 2017 to complete assessment and report for personal injury case (shooting resulting in paralysis). Reviewed Security tapes and reviewed operations for adherence to brand standards. Settle Dec 2017 for maximum insurance policy payout limit.

Fields of Expertise

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