Broker-Dealer, Registered Investment Adviser &

401(k) Expert Witness

Brokerage Firm Compliance Expert Witness | FINRA Rules & Regulations Expert Witness

James Garber - 401k Expert Witness.jpg

James Garber, CFA®, AIF®  

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 wire houses 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.

Professional Certifications


  • Chartered Financial Analyst, CFA®

  • Accredited Investment Fiduciary, AIF®

  • FINRA Non-Public Arbitrator


Professional Experience


  • Process Design Capital Management, LLC - Co-Owner Co-Chief Investment Officer (Feb 2014 - Present)

  • Vora Wealth Management, LLC - Co-Chief Investment Officer (Jul 2012 - Feb 2014)

  • Wells Fargo Advisors, Prudential Securities* - First Vice President-Investments (Nov 1995 – Jul 2012)

    • *​Prudential Securities was acquired by Wells Fargo in 2003


  • Rauscher, Pierce, Refsnes - First Vice President (Sept 1993 - Nov 1995)

  • Kidder Peabody - First Vice President (Sept 1988 - Sept 1993)

  • EF Hutton - Registered Representative (Jun 1986 - Mar 1987)

  • Paine Webber - Registered Representative (Dec 1980 - Apr 1984)


Industry Examinations & Licenses


  • Series 65 - Uniform Investment Adviser Law Examination

  • Series 63 - Uniform Securities Agent State Law Examination

  • Series 31 - Futures Managed Funds Examination*

  • Series 7 - General Securities Representative Examination*

  • Series 5 - Interest Rate Options Examination*

  • Arizona Commerce Department – Resident Insurance Producer:  Life and Health and Annuities*

      * No longer registered or affiliated with FINRA, Registered Representative or insurance licensed.




  • University of Minnesota

    • Bachelor's Degree: Economics


  • CFA® - CFA Institute

    • Chartered Financial Analyst

Public Appearances & Publications


  • Daily one hour radio show on KFNN 1510 AM in Phoenix 2003-2011

  • Numerous internet podcasts 

  • Numerous articles and posts on the Process Design Capital Management, LLC website and LinkedIn

  • Given many seminars on investments



  • CFA® Institute-3-year program - 1998

    • Ongoing continuing education.​

    • Level 2 test grader-University of Virginia, Charlottesville, VA

    • Textbook and academic paper editor.


  • Fi360 Inc. Center for Fiduciary Studies™

    • Accredited Investment Fiduciary Training - 2014

    • Ongoing yearly continuing education


  • FINRA Dispute Resolution

    • Arbitration training - 2019​




  • CFA® Society Phoenix

  • CFA® Institute

  • Fi360 Inc, Center for Fiduciary Studies™

  • FINRA Dispute Resolutions-Arbitrator


James Garber is retained as an
Expert Witness & Consultant for the following:
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
  • Misrepresentation
  • Negligence
  • Omission of Facts
  • Securities Fraud
  • Suitability – FINRA Rules 2090 & 2111
Modern Office Building

For general inquiries or a complimentary case analysis by James Garber, please use our contact form: