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When does non-delivery become a crime?

I ask this question in the hope that a legal professional audiophile will answer it, since I never figured out why my experience with a crooked dealer was never considered criminal. In the early 1990s I auditioned a pair of Wilson Watt-Puppies in a very well known HiFi store in NY state - ordered a pair and was told I needed to pay 50% deposit - $5,000 and the rest on delivery in 4 weeks. I paid. 8 weeks later nothing, so I called. Nothing. No answer. Called the police to check out the store - empty. All gone.
I called David Wilson, who was aware of the theft, since he had a lot of inventory in that store - and being the gentleman of integrity that he is, sent me the speakers less what R., the owner of the store had absconded with. I reported it to the police who told me it was a civil matter and not to bother filing charges. (I heard that R. was in Florida via various audio friends). Why was this not a crime? Similarly, when does non-delivery by a speaker manufacture of paid-for speakers become criminal? Is there a time limit after promise of delivery? Or is it always a civil matter?
Thanks.
P.S. Be careful of paying a deposit on any audio equipment in Florida to a guy whose name starts with an R............:):)
springbok10
wolf_garcia
6,696 posts
 
Na...I only remember he had a shop in Rye, NY or someplace that I'd visit when rambling around Westchester on business. I also ran in to him once at a 1987 Stereophile show in NYC. I just remember him having some serious attitude, and when I asked him what something in his store (salon?) cost he'd look it up in an audio magazine implying everything was sold at list price. He said in response to a question about cable that he didn't stock it since he didn't want to be known as "the cable guy."
audiozen
831 posts
 
Many of us have gotten burned over the years making up front deposits on Audio gear. How to fully protect yourself. Never, ever do a cash wire, cashiers check, or personal check. Use a major Credit card or debit card only.
If you get burned on the deposit using your card, go into your Bank and have them file a fraud complaint form. Have the bank give you a reverse charge Master Card/Visa form to fill out. They will credit your account with a thirty day hold. The seller has to legally perform and deliver within thirty days, by returning your deposit or fulfilling your order. Failing to do so, the credit to your account is released to you and the seller loses the funds. I have done this twice in ten years.
saeyedoc
103 posts
 
So why are we talking about this 20 years later?
audiozen
831 posts
 
Because it still happens and many younger people need advice on how to protect themselves and avoid getting scammed..
springbok10 OP
711 posts
 
Audiozen is correct. Also, this subject has recently come up in another, less informative, less useful, less reasoned, more emotional and more parochial forum, in which I used to participate, but no longer do, where a speaker manufacturer was having trouble delivering paid-for speakers and it was hotly debated, without resolution, what the options were for buyers who had paid in full years ago and not yet received their speakers......it seems that everybody should follow Audiozens advice and not get burned that way. This forum is always a source of good information, which is why I brought the subject up and am pleased that I did. Thank you to the responders.
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