Elements of Malfeasance
1. Intent: The individual must have the intention to commit an unlawful or unethical act. This could involve knowingly engaging in behavior that violates laws, regulations, or ethical standards.
2. Action or Omission: Malfeasance can involve either an affirmative action, such as accepting a bribe or embezzling funds, or a failure to act when there is a duty to do so, such as neglecting responsibilities or turning a blind eye to misconduct.
3. Violation of Duty or Trust: The behavior must constitute a breach of the individual’s duty or trust, whether it’s a public official’s obligation to serve the public interest or a private individual’s duty to act in the best interests of their organization or stakeholders.
4. Harm or Potential Harm: Malfeasance often results in harm, whether financial, reputational, or otherwise, to individuals, organizations, or the public at large. Even if harm is not immediately evident, the potential for harm due to the misconduct is considered.
5. Culpability: The individual is held responsible for their actions or omissions. This may involve demonstrating that the individual had knowledge of the wrongdoing, had the opportunity to prevent it, or failed to take reasonable steps to address or rectify the situation.