Education
Doctor of Professional Studies (D.P.S.) ; Concentrations: Economics and Management-Pace University, Lubin School of Business. (2006). Dissertation: "An Empirical Investigation of Court Preferences for the Valuation of Closely Held Companies."
Master of Science Taxation (MST) -Major: Taxation: Seton Hall University (1998).
Master of Science Management (MSM) -Major: Finance: New Jersey Institute of Technology (1997).
Bachelor of Science (BS) -Major: Accounting-Bloomfield College (1984).
Professional Designations
- Certified Public Accountant
- Certified Fraud Examiner
- Certified Financial Services Auditor
- Diplomate, American Board of Forensic Accounting
- Certified Forensic Accountant
- Certified Valuation Analyst
- Accredited in Business Valuation
- Fellow American College of Forensic Examiners International
Work Experience
January 1990 to present Managing Director
DiGabriele, McNulty, Campanella & Co. LLC
414 Eagle Rock Avenue, Ste 305
West Orange, NJ 07052
Actively engaged in the practice of public accounting for over 15 years in the areas of accounting consultation, taxation, litigation support, forensic accounting, claims support for insurance companies, matrimonial accounting, business valuations, economic damage calculations, lost profits, lost wages and other advisory services.
Experienced in a wide range of litigation and forensic accounting assignments that include, business interruption losses, wage losses, economic damage calculations including financial/economic projections and forecasting, professional liability damages, inventory losses, loss of earnings, bond claims, fraud, financial motive, subrogation, breach of contract damages, environmental clean-up damages, matrimonial issues, income determination, business valuations and alternative dispute resolution.
September 1986 to December 1989 Revenue Agent
Internal Revenue Service
970 Broad Street
Newark, NJ 07101
Responsible for audits of individuals and businesses. Auditing includes the accumulation of evidence for evaluating the accuracy of the taxpayer's tax return(s). Evidence takes many forms, including the taxpayer's testimony, the taxpayer's books and records, the examiner's own observations and documents from third parties. Methods for accumulating evidence include: Analytical Tests; such as analysis of Balance Sheet items to identify large, unusual, or questionable accounts. Analytical tests use comparisons and relationships to isolate accounts and transactions that should be further examined or determine that further inquiry is not needed. Documentation; such as examining the taxpayer's books and records to determine the content, accuracy, and substantiate items claimed on the tax return. Inquiry; such as interviewing the taxpayer or third parties. Information from independent third parties can confirm or verify the accuracy of information presented by the taxpayer. Inspection; such as physically examining the taxpayer's assets, e.g., inventory or securities. Observation; such as conducting a tour of the taxpayer's business to observe the taxpayer's daily business operations. Testing; such as tracing transactions to determine if they are correctly recorded and summarized in the taxpayer's books and records.
Expert Testimony during most recent five years
Deposition
- January 2003: Liberty Mutual Insurance v. Roadmasters, Bergen County, NJ.
- February 2003: Adamucci Farms v. Durand Wayland Inc.: Cumberland County, NJ.
- March 2003:In re: Jacoby Airplane Crash Ltitigation: Civil No. 99-cv-6073 (HAA)
- April 2003: NJM v. Holmdel Convalescent Center, Monmouth County, NJ.
- December 2003: New Port Color v. The Rockwood Company, Cook County, IL.
- April 2004: Hall v. Bello, Morris County, NJ.
- January 2005: Maimonides Medical Center v. Albert Rivera, Kings County, NY.
Court Testimony
- May 2003: Gymnastics Plus v. Nardini Electrical, Ocean County, NJ.
- September 2003: Shah v. Shah, Family Court, New York County, NY.
- December 2003: Jamal v. Gohel, Dutchess County, NY.
- March 2005: Agarwal v. Agarwal, Essex County, NJ.
- May 2006. U.S. v. Denis I. Shusterman, United States District Court, Eastern District of Pennsylvania.
- September 2006. U.S. v. Denis I. Shusterman, United States District Court, Eastern District of Pennsylvania, evidential hearing to withdraw guilt plea.
- October 2007: Jacoby Airplane Crash Litigation, United States District Court, Newark, NJ
Arbitration
- January 2007: Tusinac v. Tusinac
Teaching Experience
September - 2006 -present: Assistant Accounting Professor, Montclair State University, School of Business, Department of Accounting, Law and Taxation, (AACSB Accredited): Spring 2006, Instructor for Accounting 201 & 202.
January 2006 - May 2006: Adjunct Accounting Professor, Montclair State University, School of Business, Department of Accounting, Law and Taxation, (AACSB Accredited): Spring 2006, Instructor for Accounting 202, Managerial Accounting.
January 2001 through present. Instructor for the National Association of Forensic Accountants course for new members. The course is an in depth instructional format on the theory and valuation of business interruption, wages losses, inventory losses, employee thefts and business valuations.
May 1989. Continuing professional education instructor for Internal Revenue Service agents. Topics included complex theories of taxation and accounting with focus on current changes in the Internal Revenue Code.
Seminar/Presentations
May, 2007. Presentation on Systematic Trends in Court Choices for Valuation Methods of Closely Held Companies, to New Jersey Society of Certified Public Accountants Business Valuation and Litigation Support Roundtable.
May 2006, Doctoral Research Colloquium at Pace University, Lubin School of Business. Presentation of research in progress; "Sarbanes Oxley and the Private Company Discount."
April, 2006. Presentation on forensic accounting at the Montclair State University Accounting Society Symposium.
October 2004 . Continuing Professional Education Seminar for Special Investigation Unit of Prudential Property & Casualty Insurance Company titled: "Everything You Need To Know About Checks Under the New Check 21 Rules." Focus on the discussion of banking check fraud and the new Check 21 Rules.
November 2003. Continuing Professional Education seminar for insurance claims supervisors and adjusters titled: "Business Interruption Demystified." Emphasized commons errors in assumptions, calculations and theory of business interruption claims and proper valuation.
October 2003. Continuing Professional Education presentation for the New Jersey Special Investigators Association at their Annual Seminar titled: "Forensic Accounting Investigations." Highlighted financial investigations for over 180 Investigators in two separate sessions.
December 2001. Seminar presentation to property casualty supervisors, adjusters and in house attorneys of Allstate Insurance titled: "Economics Loss Valuation." The seminar was an overview of personal injury economics damage claims with an integration of business interruption, inventory losses and employee thefts.
Publications
- DiGabriele, J.A. & Simoes, G.V. (2007). The Forensic Accountant: An anatomical look at the art and science. New Jersey Lawyer. October. Vol.16. No. 42.
- DiGabriele, J.A. (2007). To Have and to Hold: An Empirical Investigation of Preferences for Valuation Methods of Closely Held Companies in the Matrimonial Court. Journal of Forensic Accounting. Vol. VIII. January-June.
- DiGabriele, James A. & Filler, Mark G. & (2007). How to Read, Understand, and Interpret Excel's Regression Output. Part V. FOCUS. American Institute of Certified Public Accountants. Business Valuation and Forensic & Litigation Support Services Section. July/August. Volume 3. Number 4.
- Filler, Mark G. & DiGabriele, James A. (2007) The Application of Regression Analysis to the Direct Market Data Method, Part IV. FOCUS. American Institute of Certified Public Accountants. Business Valuation and Forensic & Litigation Support Services Section. May/June. Volume 3. Number 3.
- DiGabriele, James A. (2007) "Do Court Preferences for Valuation Approaches of Closely Held Companies Vary by Industry?," Journal of Business Valuation and Economic Loss Analysis : Vol. 2 : Iss. 1, Article 5.
- DiGabriele, James A. & Simoes, Gabriela V. (2007) "Forensic Accounting: The Nature of the Engagement." The Value Examiner. March/April. Article 1.
- Filler, Mark G. & DiGabriele, James A. (2007) The Application of Regression Analysis to the Direct Market Data Method, Part III. FOCUS. American Institute of Certified Public Accountants. Business Valuation and Forensic & Litigation Support Services Section. March/April. Volume 3. Number 2.
- DiGabriele, J.A., (2006). Divorce and the Self-Employed Meet Economic Reality. Journal of Forensic Accounting. December. Volume VII. No. 2.
- Filler, Mark G. & DiGabriele, James A. (2006) The Application of Regression Analysis to the Direct Market Data Method, Part II. FOCUS. American Institute of Certified Public Accountants. Business Valuation and Forensic & Litigation Support Services Section. October/November/December. Volume 2. Number 6.
- DiGabriele, James A. (2006). The Forensic Accountant: What Makes a Good One? The New Jersey Lawyer. December. December 4. Volume 15. No.:48.
- DiGabriele, James A. & Filler, Mark G. (2006) The Application of Regression Analysis to the Direct Market Data Method, Part I. FOCUS. American Institute of Certified Public Accountants. Business Valuation and Forensic & Litigation Support Services Section. August/September. Volume 2. Number 5.
- DiGabriele, James A. (2006) "The Pancake Palace: A Case Study in Business Interruption from the Defense Side," Journal of Business Valuation and Economic Loss Analysis : Vol. 1: No. 1, Article 5.
- DiGabriele, James A. (September, 2006).An Empirical Walk Down Valuation Way : Are the Valuation Methods of Closely Held Companies Chosen by the Courts a Function of the Type of Case and Level of Court? The Journal of Legal Economics. Volume 13. No. 3
- DiGabriele, James A. (Spring 2006). A Primer In Valuing Closely Held Companies Using The Market Approach and Regression Analysis: Not All Variables and Industries Are Created Equal. CPA Expert. Volume 11. No. 4
- DiGabriele, James A. & Gottesman Aron A. (June 2006). Changes in Energy Sector Valuation Multiples Following the Enron Collapse: An Empirical Investigation. Oil, Gas & Energy Quarterly. Volume 54. No. 4.
- DiGabriele, James A. & Simoes, Gabriela V. (January 2005) "Do Court Preferences Exist in Cases of Matrimonial Dissolution Involving the Valuation of Closely Held Companies?" Forensic Accounting in Matrimonial Divorce, Chapter 12. R.T. Edwards, Inc., Philadelphia, PA.
- DiGabriele, James A. (November 2004) "Dissecting the Forensic Accountant." Global Finance Letter. The Lubin School of Business, Pace University.
- DiGabriele, James A. (2003). "A Valuation Dilemma: Are S Corporations Worth More Than Otherwise Identical C Corporations?" The Forensic Examiner. November/December. Vol. 12 No. 11 & 12.
- DiGabriele, James A. & Eisner, Alan B. (2003). "Putting the "E" Back in P/E Ratios." The Valuation Examiner. November/December.
Service to Journals and Academia
August 2007, Mid-Atlantic Director of the Teaching and Curriculum Section of the American Accounting Association.
July, 2007, Editorial Review Board, Journal of Theoretical Accounting Research.
June 2007, Doctoral Dissertation Committee Member for Patrick McGuigan, Pace University, Lubin School of Business, Research titled; " Professionalism and the Constraint on Strategic Choice: An Examination of the Insurance Industry."
April, 2007, Moderator, Financial Accounting and Reporting, American Accounting Association Mid-Atlantic regional meeting.
January, 2007, Commissioner, The Commission on Forensic Education, The American College of Forensic Examiners Institute of Forensic Science.
November, 2006, Editorial Review Board, Academy of Accounting and Financial Studies Journal.
October 2006, Editorial Review Board, The Value Examiner.
May 2006, Doctoral Research Colloquium at Pace University, Lubin School of Business. Presentation of research in progress; "Sarbanes Oxley and the Private Company Discount."
May 2006 , Editorial Review Board. Journal of Business & Entrepreneurship.
February 2006, Editorial Board: The Forensic Examiner.
November 2005, Editorial Board: The Journal of Business Valuation and Economic Loss Analysis.
January 2005, Appointed to the academic research panel for the National Association of Certified Valuation Analysts on Deficiencies in Current Valuation Research.
November 2004, Editor for the special supplement book of the Journal of Forensic Accounting titled: "Forensic Accounting in Matrimonial Divorce." The Journal of Forensic Accounting is published by the international publisher R.T. Edwards. Located in Flourtown, Pennsylvania, R.T. Edwards publishes scholarly books and research journals.
September 2003 , Appointed to the Program Advisory Board for the Masters of Accounting in Forensic Accounting at Florida Atlantic University, Ft. Lauderdale, FL.
Special Assignments
October 2001 through November 2003 , worked as a volunteer economic expert in conjunction with Trial Lawyers Care, Inc. A non-profit corporation set up by volunteer trial lawyers to provide free legal services for the victims of September 11, 2001 terrorist attacks who submitted claims under the Federal September 11 Victims Compensation Fund.
Awards/Citations
May 2006, Pace University, Lubin School of Business, Doctoral program Academic Excellence Award for class of 2006.
January 2004, Board member for the American Board of Forensic Accounting.
May 2000, Appointed as an arbitrator for the National Association of Security Dealers, Board of Arbitrators.
June 1998, Recognized as CPA Vision Pathfinder by American Institute of Certified Public Accountants.
March 1995, Special Citation, Belleville PBA Local 28 for forensic assignment.
Professional Affiliations
- National Association of Forensic Accountants
- American Institute of Certified Public Accountants
- New Jersey Society of Certified Public Accountants
- Association of Certified Fraud Examiners
- National Association of Financial Services Auditors
- National Association of Forensic Economics
- American Board of Forensic Accounting
- National Association of Certified Valuation Analysts
- American Accounting Association
- American Academy of Economic and Financial Experts
