Practice Test Geeks(CCCP) Certified Corporate Compliance Professional Practice Test
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False Claims Act & Whistleblower Laws Flashcards

7 cards from real CCCP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 False Claims Act & Whistleblower Laws flashcards as text

  1. The Supreme Court's 2016 ruling in Universal Health Services v. Escobar confirmed which FCA doctrine?

    Answer: Implied false certification can support FCA liability

    Escobar upheld the implied false certification theory but emphasized that liability requires the misrepresentation to be material to the government's payment decision.

  2. Under the IRS whistleblower program, what minimum amount of disputed tax must be involved for a whistleblower to be eligible for a mandatory award?

    Answer: $2 million

    The IRS mandatory award program under IRC § 7623(b) applies when the disputed tax amount exceeds $2 million (or $200,000 for individual taxpayers).

  3. Which element distinguishes a Reverse False Claim from a standard False Claim under the FCA?

    Answer: The defendant improperly retains money owed to the government rather than receiving an improper payment

    A reverse false claim arises under 31 U.S.C. § 3729(a)(1)(G) when a person uses a false statement to avoid or reduce an obligation to pay money to the government.

  4. A pharmaceutical company pays a kickback to physicians who prescribe its drug covered by Medicaid. Under the FCA, why does this typically constitute a false claim?

    Answer: Claims tainted by Anti-Kickback Statute violations are deemed false under the FCA

    The ACA explicitly made AKS violations a per se false claim under the FCA, so any Medicaid or Medicare claim tainted by an illegal kickback is actionable.

  5. What is the maximum civil penalty per false claim under the current FCA (post-2023 inflation adjustment)?

    Answer: Approximately $27,018

    FCA civil penalties are adjusted annually for inflation; as of 2023-2024, the per-claim penalty range is approximately $13,909 to $27,018 per violation.

  6. Under the FCA, a relator who voluntarily dismisses a qui tam action without the government's consent faces what consequence?

    Answer: Dismissal is not allowed without government and court consent once the complaint is unsealed

    Under 31 U.S.C. § 3730(b)(1), once the complaint is filed, the action may be dismissed only with written consent of the court and the Attorney General.

  7. Which federal agency administers the CFTC Whistleblower Program, which parallels the SEC program for commodity market fraud?

    Answer: The Commodity Futures Trading Commission

    The CFTC operates its own whistleblower program under the Commodity Exchange Act, awarding 10-30% of sanctions exceeding $1 million for original information about commodity fraud.