“Hope doesn’t count when you are working with a restructured company that’s working on borrowed time.” 

Kenneth J. Malek, of Malek Capital Advisors, LLC, quoted by the U.S.D.C. (N.D. Cal.) in SVB Financial Trust v. FDIC-R for Silicon Valley Bank. The Court, in its Findings of Fact and Conclusions of Law (Aug. 29, 2026), denied SVB Financial Trust’s claim for $1.7 billion against the FDIC, finding that SVB Financial Group  took excessive interest rate risk by (1) investing in long-term fixed-rate securities, (2) over-designating the securities as held-to-maturity, and (3) terminating interest-rate hedges while retaining the underlying securities.  The Court also found that SVB Financial Group authorized a constructive fraudulent transfer in the amount of $294 million.

Tasked with quantifying losses on over $90 billion of long-term fixed-rate securities during the relevant time period, and ascertaining the solvency of Silicon Valley Bank as of the date of the fraudulent transfer, Malek Capital Advisors determined that $32 billion in securities purchases were made in violation of SVB Financial Group’s interest-rate risk thresholds.

In May 2025, Malek Capital completed a multi-year fractional CFO and sell-side support engagement, culminating in a significant liquidity event for a storied automotive family.

Ken Malek served on the 2021 AIRA Annual Conference Planning Committee. The Conference was set to take place at the Newport Beach Marriott Hotel & Spa, in Newport Beach, California, but due to Covid-19 was switched to a virtual format. Ken was one of the founding Directors of the AIRA, is past-President, and has served on its Board since 1985. As part of 2021’s conference, Ken introduced Jack Butler, CEO of Birch Lake, and Carston Breitfeld, CEO of Faraday, as they discuss “The Faraday Story — Navigating Challenges, Successes, and the Future.” For more information, please visit AIRA AC21.

Malek and Cavaiani will serve as experts in matters involving efficacy and business plan feasibility for technology products. Malek is a Senior Member of the IEEE who is named inventor on twenty issued US utility patents covering cellular, public safety radio, and cordless technologies. Cavaiani’s prior positions include Director of Product Marketing and Partner Management at BMW Technology Corp and National VP of Marketing and Sales for National Semiconductor.

MalekRemian hosted “Space Traveler Blues” at the Union League Club to benefit the Astronaut Scholarship Foundation. Featured speaker Space Shuttle Captain Scott “Scooter” Altman shared with attendees his vast experience encompassing 4 Shuttle Missions – including the fifth and final servicing mission to the Hubble Space Shuttle Telescope – as well as F-14D Strike Leader over Southern Iraq, and Hollywood Movie role in Top Gun, including many of the films aerial stunts and the famous “flipping the bird” inverted flying scene.