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False Affirmation
Also known as: False SPRS affirmation
A SPRS affirmation submitted by a senior official that the official knows or should know is inaccurate. Creates False Claims Act exposure.
A false affirmation is a SPRS affirmation submitted by a senior company official that the official knows, or should reasonably know, is inaccurate. Under the DOJ Civil Cyber-Fraud Initiative and the False Claims Act, knowingly submitting a false affirmation creates legal exposure for the affirming official and for the company.
False affirmation cases have already resulted in multi-million-dollar settlements. The most prominent case involved a defense contractor that allegedly affirmed a NIST SP 800-171 score it had not actually achieved; the case settled for approximately $9 million.
The practical takeaway is that the senior official affirming a SPRS score must have a defensible basis for the affirmation: documented evidence, recent assessment results, or a current C3PAO certification.
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