Malfeasance

Malfeasance is the commission of an act that is illegal or wrongful, typically by a public official in the course of performing official duties. The term is commonly applied to deliberate wrongdoing that undermines public trust, such as abuse of power, fraud, bribery, or improper use of government resources. In legal usage, malfeasance is contrasted with misfeasance, the improper performance of a lawful act, and with nonfeasance, the failure to act when there is a duty to do so. While malfeasance emphasizes unlawful acts, misfeasance concerns negligence in carrying out lawful duties, and nonfeasance concerns omission.

Forms of malfeasance include acts such as accepting bribes to influence decisions, falsifying records, awarding contracts in exchange for favors, or using office for personal gain. The specific definitions and penalties depend on the jurisdiction and the relationship between the actor and the office or duty. Remedies may include criminal charges, civil liability, disciplinary action, or removal from office, including impeachment in some countries. In corporate or private contexts, malfeasance can involve breach of fiduciary duty or fraud by individuals in trusted positions.

Etymology: from Middle English malfaisance, from Old French malfaire, or Latin roots meaning "to do evil." See also misfeasance, nonfeasance, corruption, ethics.