Understand the requirements of DBE programs and lessen the risk of becoming the subject or target of a DBE fraud investigation.
Disadvantaged Business Enterprise (DBE) programs are found at every level of government contracting, whether it is federal, state, or local. For prime contractors, identifying DBE subcontractors who can perform a substantial portion of a government contract can be the key to winning the contract. At the same time, relationships between prime contractors and DBEs, whether they are service or labor subcontractors or suppliers, can be fraught with risk. For over a decade, federal, state, and local governments have been cracking down on disadvantaged business enterprise (DBE) fraud. Investigators are on the lookout for DBEs that are shams or pass-throughs because they are incapable of performing, or simply did not perform, the work they subcontracted it to perform. All too often, prime contractors, faced with pressure to allocate a portion of a contract to a DBE, either unwittingly or sometimes knowingly, contract with DBEs who add no value, but are instead merely lending their name in exchange for a small percentage of the contract value. This information will help companies who do business with DBE's understand the requirements of DBE programs. Learn what it means for a DBE to perform a commercially useful function and how to identify fraudulent DBE relationships. This material will address how companies can lessen the risk of becoming the subject or target of a DBE fraud investigation and offers practical advice on how companies can do business with DBEs while complying with the law. This topic is critical for companies who are participating in DBE contracts in this heightened enforcement environment.
Learning Objectives
- You will be able to define what constitutes a commercially useful function for purposes of a DBE’s participation in a publicly funded contract.
- You will be able to describe red flags for fraudulent DBE relationships.
- You will be able to discuss the risks associated with DBE relationships in this heightened enforcement environment.
- You will be able to explain ways in which your company can do business with DBEs and comply with the law.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Background of DBE Programs
- Historical Context
- Common Elements Among Federal, State and Local DBE Programs
- Roles DBEs Can Performing in the Contracting Chain
- The DBE Pass-Through Problem
What Must a DBE Do to Perform a Commercially Useful Function?
- Ways in Which DBE Subcontractors Add Value
- Ways in Which DBE Suppliers Add Value
- Red Flags
Enforcement Trends
- Federal Investigations of DBE Fraud
- Examples of Federal Criminal Cases
- Examples of Federal Civil Cases
- State and Local Investigations of DBE Fraud
- Examples of State and Local Criminal Cases
- Examples of State and Local Civil Cases
Common Misconceptions About DBE Fraud
- Certification Versus Commercially Useful Function
- Knowledge Versus Willful Blindness
- Mentor-Protégé Relationships
How Companies Can Do Business With DBEs and Comply With the Law
- Due Diligence
- Compliance Programs
- Training
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on March 16, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
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.
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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