White Paper

8 Pages
  • 8 Pages

Caught in the Middle: What Is a Supplier Supposed to Do When Its Customers Ask to Use a DBE as a Pas

 

Recent prosecutions illustrate the risk to suppliers.

Suppliers are caught in the middle of a new enforcement trend in federal, state, and local investigations of disadvantaged business enterprise (DBE) fraud. Historically, DBE fraud investigations have focused on the relationships between DBE services or labor subcontractors and the prime or subcontractors with whom the DBEs contracted. The government enforcement agencies would allege that the DBE was a sham or “passthrough” because it was incapable of performing, or simply did not perform, the work for which it subcontracted to perform. Investigations of DBE subcontracting have led to a well-known list of fraudulent schemes. This white paper reviews the latest enforcement trend which focuses on DBE suppliers and discusses the rules for DBE suppliers.

Faculty

Kristin H. Jones, Esq.

Kristin H. Jones, Esq.

Troutman Pepper Hamilton Sanders LLP

 Michael A. Schwartz, Esq.

Michael A. Schwartz, Esq.

Troutman Pepper Hamilton Sanders LLP

Agenda

Faculty

Kristin H. Jones, Esq.

Kristin H. Jones, Esq.

Troutman Pepper Hamilton Sanders LLP

  • Partner in the Philadelphia office of Troutman Pepper Hamilton Sanders LLP
  • Practice focuses civil and white-collar criminal cases arising out of allegations of fraud, false statements, and bad faith
  • Along with Mike Schwartz, tried the largest federal criminal DBE fraud case in history
  • Regularly counsels clients on DBE fraud investigations and compliance issues
  • Routinely conducts training seminars and educational workshops on DBE fraud and compliance issues and has authored several articles on DBE issues
  • Member of the Pennsylvania and New Jersey bars and admitted to practice before the United States Supreme Court, the Third Circuit Court of Appeals, the Ninth Circuit Court of Appeals, the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania, the Western District of Michigan, and the District of New Jersey
  • J.D. degree, magna cum laude, University of Wisconsin Law School; B.A. degree, magna cum laude, Cornell University
  • Can be contacted at 215-981-4897 or [email protected]
Michael A. Schwartz, Esq.

Michael A. Schwartz, Esq.

Troutman Pepper Hamilton Sanders LLP

  • Partner in the Philadelphia office of Troutman Pepper Hamilton Sanders LLP
  • Practice focuses criminal defense and counseling, internal corporate investigations, and corporate compliance programs
  • Served as a federal prosecutor for fourteen years and, before joining Pepper in 2008, headed the Corruption, Civil Rights, Labor and Tax Fraud unit of the U.S. Attorney’s Office for the Eastern District of Pennsylvania
  • Along with Kristin Jones, tried the largest federal criminal DBE fraud case in history
  • Regularly counsels clients on DBE fraud investigations and compliance issues
  • Routinely conducts training seminars and educational workshops on DBE fraud and compliance issues and has authored several articles on DBE issues
  • Member of the Pennsylvania bar and admitted to practice before the United States Supreme Court, the Third Circuit Court of Appeals, and the U.S. District Courts for the Eastern and Middle Districts of Pennsylvania
  • J.D. degree, Yale Law School; B.A. degree, Pennsylvania State University
  • Can be contacted at 215-981-4494 or [email protected]

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