Malfeasance in office is the intentional commission of an unlawful act by a public official using the authority of their position. It is not a single federal crime but a category of conduct prosecuted under several statutes covering bribery, extortion, honest services fraud, embezzlement of public funds, and violations of constitutional rights. Penalties range from one year in prison for minor offenses to life imprisonment or death when a civil rights violation causes a victim’s death. Officials convicted of these crimes also face removal from office and civil lawsuits from the people they harmed.
What Counts as Malfeasance
Two elements have to be present. The official must act intentionally, and the illegal act has to flow from the authority the public gave them. A mayor who shoplifts has committed an ordinary crime. A mayor who steers a city contract to a company in exchange for kickbacks has committed malfeasance, because the wrongdoing is inseparable from the official power.
The concept reaches anyone exercising public authority: elected officials, judges, police officers, appointed agency heads, civil servants, and private contractors performing government functions. Most states have written malfeasance into their criminal codes with varying definitions and penalty ranges. At the federal level, there is no single statute titled “malfeasance.” Instead, Congress has enacted specific laws targeting the most common forms of official corruption, and those statutes apply to officials at every level of government when federal jurisdiction exists.
Malfeasance vs. Misfeasance vs. Nonfeasance
These three terms describe different kinds of official failure, and the distinction shapes what charges a prosecutor can bring and what defenses an official can raise.
Malfeasance is doing something entirely illegal. The act itself is unauthorized. A police officer who fabricates evidence, a treasurer who diverts public funds into a personal account, or a building inspector who sells passing scores has done something they had no legal authority to do.
Misfeasance is doing something legal in the wrong way. The official had authority to act but carried out the task improperly, causing harm. A zoning board member with the power to approve permits who approves one without reviewing required safety reports has committed misfeasance. The approval power was legitimate; the execution was careless.
Nonfeasance is failing to act when duty requires it. A health inspector who knows about dangerous conditions at a restaurant but never conducts the required inspection has committed nonfeasance. These charges typically require showing the official had a clear legal obligation and consciously chose to ignore it.
Malfeasance generally carries the harshest consequences because it involves deliberate illegality. Misfeasance cases often hinge on negligence, and nonfeasance cases require proving the official knew about the duty and chose inaction. A single course of conduct can involve more than one category.
Federal Statutes Used to Prosecute Malfeasance
Federal prosecutors have several statutes at their disposal, and they are frequently stacked in a single indictment.
Bribery
Federal bribery law makes it a crime to offer something of value to a public official to influence an official act, and equally criminal for the official to accept or solicit it. A conviction carries up to 15 years in prison, a fine equal to three times the value of the bribe or the standard statutory fine (whichever is larger), and potential disqualification from ever holding federal office again.1Office of the Law Revision Counsel. 18 U.S. Code 201 – Bribery of Public Officials and Witnesses Permanent disqualification is unusual in federal criminal law and reflects how seriously Congress treats corruption.
Extortion Under Color of Office
When a federal officer or employee uses the weight of their position to extort money or other benefits, they face up to three years in prison. If the amount extorted is $1,000 or less, the maximum drops to one year.2Office of the Law Revision Counsel. 18 U.S. Code 872 – Extortion by Officers or Employees of the United States The statute also covers anyone falsely claiming to be a federal official to carry out the extortion.
Honest Services Fraud
Federal fraud law defines fraud to include schemes that deprive someone of the “intangible right of honest services.”3Office of the Law Revision Counsel. 18 U.S. Code 1346 – Definition of Scheme or Artifice to Defraud In practice, an official who uses mail or electronic communications to carry out a corruption scheme can be charged with mail fraud or wire fraud, each carrying up to 20 years in prison.4Office of the Law Revision Counsel. 18 U.S. Code 1341 – Frauds and Swindles This provision reaches conduct that may not fit neatly into the bribery statute.
Deprivation of Rights Under Color of Law
An official who willfully uses their authority to violate someone’s constitutional rights faces up to one year in prison for the basic offense. If the violation causes bodily injury or involves a dangerous weapon, the maximum rises to ten years. If the victim dies or the offense involves kidnapping or sexual abuse, the official faces life in prison or the death penalty.5Office of the Law Revision Counsel. 18 U.S. Code 242 – Deprivation of Rights Under Color of Law This is the primary federal tool for prosecuting law enforcement officers who use excessive force or violate civil rights on duty.
Theft or Embezzlement of Public Funds
Anyone who steals, embezzles, or knowingly converts government money, property, or records for personal use faces up to ten years in prison. When the total value is $1,000 or less, the offense becomes a misdemeanor with a maximum of one year.6Office of the Law Revision Counsel. 18 U.S. Code 641 – Public Money, Property or Records The statute also reaches anyone who receives or conceals stolen government property knowing it was taken illegally.
Penalties at a Glance
- Bribery: up to 15 years in prison, a fine up to three times the bribe’s value, and possible disqualification from federal office.1Office of the Law Revision Counsel. 18 U.S. Code 201 – Bribery of Public Officials and Witnesses
- Extortion under color of office: up to 3 years, or 1 year if the amount is $1,000 or less.2Office of the Law Revision Counsel. 18 U.S. Code 872 – Extortion by Officers or Employees of the United States
- Honest services fraud via mail or wire fraud: up to 20 years per count.7Office of the Law Revision Counsel. 18 U.S. Code 1343 – Fraud by Wire, Radio, or Television
- Deprivation of constitutional rights: 1 year basic, 10 years if bodily injury results, life or death if a victim dies.5Office of the Law Revision Counsel. 18 U.S. Code 242 – Deprivation of Rights Under Color of Law
- Theft or embezzlement of public funds: up to 10 years, or 1 year if the amount is $1,000 or less.6Office of the Law Revision Counsel. 18 U.S. Code 641 – Public Money, Property or Records
Removal From Office
Prison is not the only consequence. The Constitution provides for removal of the President, Vice President, and all civil officers of the United States upon impeachment and conviction for treason, bribery, or other high crimes and misdemeanors.8Library of Congress. Article II Section 4 At the state level, most legislatures can remove officials through impeachment proceedings that typically require a two-thirds vote, and many states also allow voters to recall elected officials through petition drives.
Civil Lawsuits by Victims
People whose constitutional rights are violated by an official acting under color of state law can sue in federal court for damages. The statute makes any person who uses official authority to deprive someone of a constitutional right liable to the injured party.9Office of the Law Revision Counsel. 42 U.S. Code 1983 – Civil Action for Deprivation of Rights Successful plaintiffs can recover compensatory damages for medical costs, lost income, and pain and suffering, along with punitive damages in egregious cases.
Officials often raise qualified immunity as a defense. The doctrine shields government officials from civil suits unless their conduct violated a constitutional right that was “clearly established” at the time. It protects officials who make reasonable mistakes about what the law requires. It does not protect officials who act with clear incompetence or knowingly break the law, so qualified immunity is harder to sustain in malfeasance cases than in misfeasance claims rooted in negligence.
Judges are a partial exception. Lawsuits against judges for actions taken in their judicial capacity cannot seek injunctive relief unless the judge violated a prior court order or declaratory relief was unavailable.9Office of the Law Revision Counsel. 42 U.S. Code 1983 – Civil Action for Deprivation of Rights Because judges enjoy broader immunity than other officials, criminal prosecution is often the more viable path for judicial malfeasance.
How to Report Suspected Malfeasance
Federal corruption cases are investigated by multiple agencies depending on the official and the conduct. The Department of Justice’s Public Integrity Section oversees investigation and prosecution of federal crimes related to government integrity, handling cases involving elected and appointed officials at every level, either independently or alongside local U.S. Attorney’s offices.10United States Department of Justice. Public Integrity Section (PIN)
Within federal agencies, Inspectors General have independent authority to investigate fraud, waste, and abuse. The Inspector General Act established these offices to conduct audits and investigations, recommend corrective policies, and keep agency heads and Congress informed.11Office of the Law Revision Counsel. Inspector General Act of 1978 An IG’s office can receive complaints from employees, contractors, and the public.
If you suspect a federal official of corruption, the FBI operates a dedicated corruption hotline, and the Department of Justice accepts complaints online and by phone at 800-225-5324.12United States Department of Justice. Report a Crime or Submit a Complaint For state and local officials, most state attorneys general maintain public integrity units. Whistleblower protections under various federal and state laws shield people who report official misconduct from retaliation.
Time Limit to Bring Charges
Federal prosecutors generally have five years from the date of the offense to bring charges for non-capital crimes, including most corruption offenses.13Office of the Law Revision Counsel. 18 U.S. Code 3282 – Offenses Not Capital The government must file an indictment within that window. Some specific offenses carry different time limits by statute, and circumstances such as active concealment by the official can extend the deadline. State statutes of limitations for official misconduct vary, with some states imposing shorter windows and others tolling the clock while the official remains in office.