CCCP False Claims Act & Whistleblower Laws 2

Question 1

Under the FCA's 'first-to-file' rule, what happens when a second relator files a qui tam suit based on the same underlying facts as a pending action?

Accepted Answer

The second suit is dismissed

Answer

The first-to-file rule bars any subsequent qui tam action based on the same facts as a pending suit, requiring dismissal of the later-filed case.

Question 2

Which FCA provision allows the government to reduce a relator's share if the relator 'planned and initiated' the violation?

Accepted Answer

31 U.S.C. § 3730(d)(3)

Answer

Section 3730(d)(3) permits a court to reduce the relator's share if that person planned and initiated the fraudulent scheme.

Question 3

A hospital submits cost reports to Medicare that contain inflated figures due to an accounting error discovered internally and self-disclosed before any investigation. How does the FCA treat this?

Accepted Answer

Voluntary disclosure typically eliminates FCA liability if promptly corrected

Answer

Voluntary self-disclosure before a government investigation, especially under the CMS Self-Referral Disclosure Protocol, can significantly reduce or eliminate FCA exposure.

Question 4

The Dodd-Frank Act amended the False Claims Act to protect whistleblowers who report FCA violations to which entity?

Accepted Answer

The DOJ or relevant government agency

Answer

Dodd-Frank extended anti-retaliation protections to employees who report FCA violations to the DOJ or the relevant federal agency overseeing the contract.

Question 5

What is the significance of the 'public disclosure bar' in the FCA following the 2010 amendments?

Accepted Answer

It converts from a jurisdictional bar to a defense the government can waive

Answer

The 2010 ACA amendments changed the public disclosure bar from a jurisdictional defect to an affirmative defense that the government can waive to allow a suit to proceed.

(CCCP) Certified Corporate Compliance Professional Practice Test

(CCCP) Certified Corporate Compliance Professional Practice Test

CCCP False Claims Act & Whistleblower Laws 2