Counsel
Charleston, WV

Mr. Arthur concentrates his practice in the areas of representing financial institutions, secured, and unsecured creditors in bankruptcy matters and litigation concerning allegations of state or federal violations of consumer protection laws. Mr. Arthur also is an experienced lawyer defending corporate entities in contractual or real estate property disputes. As a former federal prosecutor, he also defends individuals in white collar criminal cases and lawsuits initiated by the United States under the False Claims Act.


Experience
  • Representing lenders in lawsuits relating to allegations of consumer protection and debt collection violations, including trial in federal court
  • Representing various national lenders in lawsuits and actions against West Virginia Attorney General regarding compliance issues with state law
  • Training banks relating to compliance issues with the West Virginia consumer laws relating to debt collection and key provisions of the West Virginia Consumer Protection Act
  • Assisting corporate entities in avoiding potential penalties under the False Claims Act
  • Preparing articles of incorporation, bylaws, and other required corporate documents for start-up companies
  • Representing corporate entities in adversarial proceedings where Trustees sought damages for preferences and challenged security interests
  • Defending financial institutions in adversarial proceedings alleging violations of the consumer protection act
  • Representing financial institutions on compliance of federal and state banking laws, including the Truth in Lending Act, Regulation Z, Homeowners’ Loan Act, the National Bank Act, the Home Ownership and Equity Protection Act, the Real Estate Settlement Procedures Act and state usury statutes
  • Defending financial institutions and other creditors in class action and individual lawsuits for alleged violations of state consumer protection laws
  • Representing creditors in complex business and personal bankruptcy reorganizations and liquidations
  • Incorporating branch locations for state-chartered bank
  • Preparing articles of incorporation, bylaws, and other required corporate documents for start-up companies
  • Conducting fraud audits on behalf of corporate entities
  • Prosecuted as federal prosecutor bank fraud, money laundering, embezzlement, bankruptcy fraud
  • Pursued civil lawsuits for violations of the False Claims Act
  • Tried civil and criminal cases in federal court, and tried civil matters in Circuit Courts in West Virginia
  • Briefed seven Fourth Circuit briefs
  • Testified to West Virginia Senate and House Judiciary Committees regarding proposed amendments to the West Virginia Consumer and Credit Protection Act
  • Assistant United States Attorney, Criminal Division (2018—2022) and Civil Division (2022—2026)
  • General Counsel and Deputy Commissioner, West Virginia Division of Financial Institutions, 2016—2018
  • Worked in accounting firms for seven years, auditing financial institutions, health care entities, nonprofits, and oil and gas entities
Education
  • West Virginia University, B.A. Accounting and Spanish, summa cum laude, 1993
  • West Virginia University College of Law, J.D., magna cum laude
  • 2002 Universidad Menendez y Pelayo, Santander, Spain, Certificate of International Business
  • Order of the Coif
  • Phi Beta Kappa
  • West Virginia Law Review, 2001—2002
  • West Virginia State Bar
  • West Virginia Supreme Court of Appeals
  • United States District Courts for the Northern and Southern Districts of West Virginia
  • United States Court of Appeals for the Fourth Circuit
  • Jackson County Bar Association
  • Former Chair, Real Estate Division and Bankruptcy Committee, West Virginia Bar Association, 2015—2017
  • Former President, West Virginia Bar Association, Real Estate Division, 2014—2017
  • Author, “West Virginia Consumer Protection Changes Don’t Necessarily Track Federal Law,” Nat’l Law Rev., April 2015
  • Author, “Regulators New Catch-All,” Pennsylvania Association of Community Bankers, April 2016
  • Author, “Best Practices-Regulators New Catch-All,” The WV Community Banker, Winter 2016
  • Author, “West Virginia Bankruptcy Lawyers Rise to the Occasion,” West Virginia Lawyer, July 2012
  • Presenter, “West Virginia Real Estate and Consumer Protection Law Update,” The West Virginia Bar Association, May 2016
  • Presenter, “Executory Contract Issues in Bankruptcy for Oil & Gas Companies,” West Virginia College of Law, November 2015
  • Presenter, “Risks for Oil & Gas Companies When Filing for Bankruptcy Relief,” The West Virginia Bar Association, August 2015
  • Presenter, “West Virginia Real Estate and Consumer Protection Law Update,” The West Virginia Bar Association, May 2015
  • Jackson County Rotary
  • Jackson County Ministerial Association, Chair of subcommittee working to enact mentoring program
  • Jackson County Committee to Draft Grant Requests for Opioid Settlement Funds, 2024—2025
  • Languages: Spanish, limited working proficiency