Criminal Breach of Trust (“CBT”) is easy to state in theory, but often complex in practice. Every CBT allegation turns heavily on its facts. A small detail can make the difference between a criminal charge and a purely civil dispute.
Distinguishing between a criminal offence and a civil dispute is often a key issue—and it is where we can make a decisive difference with our experienced advice. We will review the evidence thoroughly and advise you clearly and candidly on the best strategy moving forward.
What is CBT ?
At its core, CBT involves the dishonest misuse, conversion, or disposal of money or property that has been entrusted to a person. The relationship of trust can arise in many every day and commercial contexts. It may involve, for example:
- an employer and employee;
- business partners;
- an executor or trustee handling estate assets;
- an owner of goods and a transporter; or
- goods stored with a warehouse owner.
What matters is not the label of the relationship, but whether the money or property was entrusted and whether it was dealt with dishonestly.
What’s the Punishment for CBT?
The general punishment is a jail term of up to 7 years, a fine, or both. Where CBT is committed in certain relationships of heightened trust—such as by an employee—the penalties are significantly heavier. An employee convicted of CBT may face a jail term of up to 15 years and a fine.
What is not CBT?
Importantly, not every dispute involving entrusted money or property amounts to criminal breach of trust. Commercial disagreements, misunderstandings, or differing expectations about how funds or property should be handled sometimes result in police complaints.
Where dishonesty is absent, there is no CBT, even though the other party may still pursue a civil claim for damages.
If you require assistance, contact us to schedule a consultation.
Contact us @ (+65) 93842791, (+65) 6974 1700 or niroze@nirozelaw.com.sg
