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?
P.S. Be careful of paying a deposit on any audio equipment in Florida to a guy whose name starts with an R............:):)
I can name one- Joe Fratus, who was a US distributor for Art Audio (UK company).
Took my $6,000 (100%) deposit for an PX25 amp about 4-5 years ago. I'm still waiting
Being of Italian descent, I can say that the old guys back in the day didn't bother dealing with attorneys on issues like this. They just turned the issue over to Uncle Guido.
Death cancels all debt. Aside from that, one would think you still have recourse.