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Enforcement and Penalties Flashcards

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

Read the first 7 Enforcement and Penalties flashcards as text

  1. Under the False Claims Act, what is the minimum civil penalty per false claim submitted to the federal government?

    Answer: $13,946

    The False Claims Act imposes civil penalties per false claim that are adjusted for inflation; the current minimum is approximately $13,946 per violation.

  2. A qui tam relator under the False Claims Act who brings a successful lawsuit on behalf of the government is typically entitled to what percentage of the government's recovery when the government intervenes?

    Answer: 15-25%

    When the government intervenes in a qui tam action, the relator receives 15–25% of the proceeds of the action or settlement.

  3. Which federal agency primarily enforces the Foreign Corrupt Practices Act (FCPA) regarding bribery of foreign officials?

    Answer: DOJ and SEC jointly

    The Department of Justice (DOJ) and Securities and Exchange Commission (SEC) share FCPA enforcement authority for criminal and civil matters respectively.

  4. What is the legal doctrine that allows courts to hold a corporation criminally liable for the acts of its employees committed within the scope of employment?

    Answer: Respondeat superior

    Respondeat superior ('let the master answer') is the doctrine making employers liable for employees' wrongful acts committed within the scope of their employment.

  5. Under OSHA's penalty structure, what category of violation carries the highest maximum penalty per violation?

    Answer: Willful

    Willful violations carry the highest OSHA penalties, up to approximately $156,259 per violation as of recent adjustments.

  6. A company voluntarily discloses an FCPA violation to the DOJ before an investigation begins. What is the most likely benefit of voluntary disclosure?

    Answer: A presumption of declination or reduced penalty

    DOJ's FCPA Corporate Enforcement Policy creates a presumption of declination for companies that voluntarily self-disclose, fully cooperate, and remediate.

  7. In the context of enforcement, what does a 'consent decree' represent?

    Answer: A court-enforceable settlement agreement between a regulator and a company

    A consent decree is a negotiated, court-approved agreement that resolves an enforcement action and is legally binding and enforceable.