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. Under the FCA's statute of limitations, when does a qui tam action brought by a relator (without government intervention) expire?

    Answer: 6 years from the violation or 3 years after the government knew or should have known, not to exceed 10 years

    The FCA's statute of limitations is 6 years from the violation or 3 years from when the responsible official knew or should have known, whichever is later, capped at 10 years.

  2. A company settles an FCA case without admitting liability. What is the typical compliance obligation imposed in the settlement agreement?

    Answer: A Corporate Integrity Agreement (CIA) with the HHS Office of Inspector General

    Healthcare FCA settlements frequently require a CIA with HHS-OIG, imposing monitoring, compliance program requirements, and reporting obligations for typically 5 years.

  3. The FCA's 'materiality' standard after Escobar requires plaintiffs to show that the false statement:

    Answer: Had a natural tendency to influence or was capable of influencing the government's payment decision

    Escobar adopted an objective materiality test: the misrepresentation must have a natural tendency to influence or be capable of influencing the payment decision, not necessarily be the direct cause.

  4. Under the SEC Whistleblower Program, what happens to an award if the whistleblower unreasonably delayed reporting the information?

    Answer: The SEC may decrease the award percentage

    The SEC's award determination factors include whether the whistleblower unreasonably delayed, which can be used to reduce the award within the 10-30% range.

  5. A state employee reports Medicaid fraud to state authorities. Which law provides the primary whistleblower protection in this scenario?

    Answer: The applicable state False Claims Act if the state has one meeting federal standards

    Many states have enacted their own False Claims Acts with whistleblower protection provisions; states with qualifying laws receive a larger share of federal Medicaid recoveries.

  6. Which element is NOT required to establish an FCA retaliation claim under 31 U.S.C. § 3730(h)?

    Answer: The employer must have actually known about the internal investigation

    An FCA retaliation claim requires protected activity, employer knowledge of that activity, and an adverse action—it does not require proof the employer knew of any internal investigation.

  7. The 'original source' exception to the FCA's public disclosure bar requires the relator to have:

    Answer: Direct and independent knowledge of the information on which the allegations are based

    To qualify as an original source, the relator must have direct and independent knowledge of the underlying facts and must have voluntarily provided that information to the government before filing.