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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Over 36 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 36 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.
- ACFE 1.2
- This program may qualify for 1.2 compliance or recertification CPE(s) through the Association of Certified Fraud Examiners (ACFE). Please visit the ACFE website for further clarification: https://www.acfe.com/cfe-credential/continuing-professional-education-cpe-requirements.
- AIA 1.0
- Lorman Education Services is a registered provider of AIA-approved continuing education under Provider Number J2016. This course is approved for 1.0 Learning Unit hour(s). Prerequisite: None, Program Level: Intermediate: Advanced Preparation: None
All registered AIA CES Providers must comply with the AIA Standards for Continuing Education Programs. Any questions or concerns about this provider or this learning program may be sent to AIA CES ([email protected] or (800) AIA 3837, Option 3). This learning program is registered with AIA CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. AIA continuing education credit has been reviewed and approved by AIA CES. Learners must complete the entire learning program to receive continuing education credit. AIA continuing education Learning Units earned upon completion of this course will be reported to AIA CES for AIA members. Certificates of Completion for both AIA members and non-AIA members are available upon request.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- IN CLE 1.1
- This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- AK ENG 1.0
- This Ondemand program is applicable for professional development hours through the Alaska State Board of Registration for Architects, Engineers and Land Surveyors. Professional development hours: 1.0.
*Please check the rules and requirements in your state for compliance.
- AL ENG
- This Ondemand program is applicable for professional development hours through the Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors.*
*Please check the rules and requirements in your state for compliance.
- AR ENG
- This Ondemand program is applicable for 1.0 professional development hours.*
*Please check the rules and requirements in your state for compliance.
- FL ENG 1.2
- This course has been approved for 1.2 PDHs by the Florida Board of Professional Engineers in the Areas of Practice.
- GA ENG
- This Ondemand program is applicable through the Georgia State Board of Registration for Professional Engineers.for 1.0 professional development hours.*
*Please check the rules and requirements in your state for compliance.
- IA ENG
- This Ondemand program is applicable for professional development hours for engineers. Please refer to Chapter 3, 193C IAC.*
- ID ENG 1.0
- This Ondemand program is applicable for 1.0 professional development hours through the Idaho Board of Professional Engineers and Professional Land Surveyors.*
*Please check the rules and requirements in your state for compliance.
- IL ENG 1.0
- This program is applicable for 1.0 professional development hours through the Illinois Society for Professional Engineers.*
*Please check the rules and regulations in your state for compliance.
- IN ENG 1.2
- This Ondemand program is applicable for 1.2 professional development hours through the Indiana State Board for Professional Engineers.*
*Please check the rules and requirements in your state for compliance.
- KS ENG 1.0
- This program is applicable for 1.0 professional development hours for engineers.*
*Please check the rules and regulations in your state for compliance.
- KY ENG 1.0
- This Ondemand program is applicable for 1.0 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- LA ENG
- The Louisiana Professional Engineering and Land Surveying Board (LAPELS) no longer approves providers or courses. Lorman Business Center, LLC. feels that this course is worth 1.0 PDH(s). According to LAPELS' rules, It will be the responsibility of the licensee to determine if a Course/Activity offered by an unapproved sponsor/provider is an Acceptable Activity.
- MD ENG 1.0
- Lorman Business Center, LLC. is a board approved sponsor with the Maryland Board of Professional Engineers. This course qualifies for 1.0 professional development hours.
- ME ENG 1.0
- This ondemand program is applicable for a maximum of 1.0 hours toward the annual PDH requirement. Please note: The State of Maine Professional Engineers Registration Board does not pre-approve courses for professional development credit.*
*Please check the rules and requirements in your state for compliance.
- MN ENG 1.0
- This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers. Please note: The Minnesota State Board of Registration for Engineers has final authority on the acceptance of individual courses.
- MO ENG 1.0
- This ondemand course is applicable for 1.0 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- MS ENG
- This ondemand course is applicable for professional development hours through the Mississippi State Board of Registration for Professional Engineers.*
*Please check the rules and requirements in your state for compliance.
- MT ENG 1.0
- This ondemand course is applicable for 1.0 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- NC ENG 1.0
- Lorman Business Center, Inc. is an approved sponsor of the North Carolina State Board of Examiners for Engineers and Surveyors. This course qualifies for 1.0 professional development hours for engineers.
- ND ENG 1.0
- The North Dakota State Board of Registration for Engineers and Land Surveyors does not pre-approve courses or providers.
This course may be applicable for professional development hours in your state. Please check your rules and requirements for compliance.
- NE ENG
- This course is applicable for professional development hours for engineers if the course is continuing engineering education for you..*
*Please check the rules and requirements in your state for compliance.
- NH ENG 1.0
- This course is applicable for 1.0 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance. The New Hampshire Board of Engineers has final authority on granting approval.
- NJ ENG 1.0
- Lorman Business Center, LLC. is authorized as a provider to offer courses through the New Jersey Board of Professional Engineers.
This course is applicable for 1.0 CPC credits for engineers. *
*Please check the NJ State rules and requirements for compliance.
- NM ENG 1.0
- This course is applicable for 1.0 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- NV ENG 1.0
- This course is applicable for 1.0 professional development hours through the Nevada State Board of Engineering and Land Surveyors.*
*Please check the rules and requirements in your state for compliance.
- OH ENG
- This ondemand course is applicable for continuing education credit for engineers through the Ohio State Board of Licensure for Professional Engineers provided it is a relevant managerial, ethical or technical topic relevant to the practice of engineering or surveying.*
*Please check the rules and requirements in your state for compliance
- OK ENG
- This course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- OR ENG
- This course is applicable toward engineering continuing education hours in Oregon, please refer to your rules and laws.
- PA ENG 1.2
- This program is applicable for 1.2 PDHs for engineers through the Pennsylvania State Board of Professional Engineers, Land Surveyors and Geologists.*
*Please check the rules and requirements in your state for compliance.
- SC ENG 1.0
- This course is applicable for 1.0 hours toward the PDH requirement for engineers through the South Carolina Board of Registration for Professional Engineers.*
*Please check the rules and requirements in your state for compliance.
- SD ENG
- This course is applicable for professional development hours for engineers in South Dakota.*
*Please check the rules and requirements in your state for compliance.
- TN ENG
- This course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- TX ENG
- This Ondemand course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- UT ENG
- This course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- VA ENG 1.0
- This program is applicable for 1.0 hours of continuing education through the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects (APELSCIDLA BOARD).*
*Please check the rules and requirements in your state for compliance.
- VT ENG
- This course is applicable for professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- WI ENG 1.0
- This course is applicable for a maximum of 1.0 hours toward the PDH requirement for engineers.*
*The Wisconsin Engineer Section has final authority on the acceptance of individual courses and providers.
- WV ENG 1.0
- This course is applicable for 1.0 professional development hours for engineers.*
*Please check the rules and requirements in your state for compliance.
- WY ENG 1.2
- This course is applicable for 1.2 professional development hours for Wyoming engineers.*
*Please check the rules and requirements in your state for compliance.
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.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 36 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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Why Lorman?
Over 36 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.

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