The Liability of government "Actors" and criminal systems of control, (US) Malfeasance in a public office:
#WakeUp
πππ©
malfeasance
/malΛfiΛz(Ι)ns/
nounLAW
noun: malfeasance
wrongdoing, especially (US) by a public official.
Origin
late 17th century: from Anglo-Norman French malfaisance, from mal- ‘evil’ + Old French faisance ‘activity’. Compare with misfeasance.
Making false statements (18 U.S.C. § 1001) is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information, in "any matter within the jurisdiction" of the federal government of the United States,[1] even by merely denying guilt when asked by a federal agent.[2] A number of notable people have been convicted under the section, including Martha Stewart,[3] Rod Blagojevich,[4] Michael T. Flynn,[5] Rick Gates,[6] Scooter Libby,[7] Bernard Madoff,[8] and Jeffrey Skilling.[9]
The statute spells out this purpose in subsection 18 U.S.C. § 1001(a), which states:
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device[ , ] a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry
shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331),[11] imprisoned not more than 8 years, or both....
In Bryson v. United States , upholding conviction under 18 U.S.C. § 1001, the Supreme Court stated:
Our legal system provides methods for challenging the Government's right to ask questions—lying is not one of them.[12]
Even constitutionally explicit Fifth Amendment rights do not exonerate affirmative false statements.[13] In the 1998 case Brogan v. United States, the Supreme Court rejected the "exculpatory no" doctrine that had previously been followed by seven of the courts of appeal, which had held that "the mere denial of wrongdoing" did not fall within the scope of § 1001.[2]
This statute is used in many contexts. Most commonly, prosecutors use this statute to reach cover-up crimes such as perjury, false declarations, and obstruction of justice and government fraud cases.[10]
Title 18 of the United States Code is the main criminal code of the federal government of the United States.[1] The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by such names as Penal Code, Criminal Code, or Crimes Code.[2] Typical of state criminal codes is the California Penal Code.[3] Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.
Malfeasance in office is a felony
Typically, the malfeasance in office crime is committed when a public employee or officer knowingly fails to carry out duties required of him/her in the job description or willfully performs such duties in an illicit way
Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, that affects the performance of official duties.
Malfeasance in office, or official misconduct, is the commission of an unlawful act, done in an official capacity, that affects the performance of official duties. Malfeasance in office is often grounds for a just cause removal of an elected official by statute or recall election.
What does malfeasance mean in law?
Intentional conduct that is wrongful or unlawful, especially by officials or public employees. Malfeasance is at a higher level of wrongdoing than nonfeasance (failure to act where there was a duty to act) or misfeasance (conduct that is lawful but inappropriate).
Can you sue for malfeasance?
Malfeasance is a broad term for an act that is illegal and causes physical or financial harm to another individual. ... Under tort law, malfeasance has legal repercussions in civil court and the plaintiff can sue the defendant for monetary damages. Malfeasance acts can also be tried in criminal court.
What is the penalty for malfeasance?
The offence carries a maximum penalty of life imprisonment. It is confined to those who are public office holders, and is committed when the office holder acts (or neglects to act) in a way that constitutes a breach of the duties of that office.
