Yes, a trustee can face jail time for a breach of trust, but only if their actions involve a criminal offense, such as embezzlement, fraud or theft. Even then, criminal charges must be brought by the prosecutor’s office, which typically only pursues cases involving severe misconduct due to limited resources.
Most breaches of trust are handled in civil court rather than criminal court. In these cases, trustees found liable may face significant penalties, such as removal and surcharges, but they typically do not face incarceration.
