Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.
There is often a broad line between civil and criminal court
Example; Say a person negotiates a contract with another person to buy a car. The seller promises to deliver the car and the title once they receive payment via paypal. Lets say for this example both parties live in the same city in Florida. So the buyer transfers funds, the seller takes the money and refuses to deliver the car. And lets just say, for arguments sake, the seller never intended to give the car over...no, they wanted the money and the car. Technically, that is theft
And that can be prosecuted as a civil case and/or as a civil case.
So, what happens when the buyer complains to the local police?
Most cases the police would simply say "this is a civil matter"
Technically, it is a criminal matter. It is the state of mind of the seller that makes it criminal.
But that is the rub...see, to prove the case, the prosecutor needs to prove, beyond a reasonable doubt, that the seller intended to steal.
And in a single case like this? That can be hard to do...they (the seller) may claim that the deal was for more money, and that the buyer did not pay the proper amount, etc...
And the prosecutor has discretion.
You can not force them to prosecute.
So, in your case, what you describe sure sounds like fraud. The trustee has a fiduciary duty to the beneficiary. If they breach that duty they can be sued in civil court.
And, IF you can prove they are doing this on purpose...do deny the beneficiary access to the funds in order to keep the money for themselves? That would be criminal fraud
So...how to get he prosecutor to take the case?
depends...depends on the prosecutor.
The prosecutor has discretion to allow the system to work. You could not prosecute every possible crime...the system would fail...you have to "pick your battles"
But if you have a case where it is clear, from the records, that the trustee is taking the action to enrich herself? ANd you can lay this out for a prosecutor? They may well take the case on.
I would have your lawyer approach the prosecutor with the evidence you have and ask for assistance...you may well get it.