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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
martykl
3,578 posts
 
I've had a similar experience with buying a guitar from a luthier. I paid, he never shipped. I guess that this guy also took deposits for custom instruments and never delivered. As I was trying to figure this out, I stumbled across a dealer of this luthier who was suing the guy for the same reason.

My understanding is that - provided that the business has not been granted protection under the bankruptcy code - what you described is probably criminal (you still have to prove that it was the person's intent to defraud you). However, prosecutors have discretion. In my case, I was also told to pursue a civil settlement. I guess this type of crime is low priority.

Marty
newbee
4,767 posts
 
It could have been a fraud or it could have been bad business practices. Depends. More often than not a dealer will take yours and other customers deposits and use them to operate his business. If he is in financial trouble and doesn't have the money to pay the manufacturer (who probably has him on a cash basis) he can't get delivery of your speakers. He also can't pay his bills so he goes out of business in the dark.

Proving fraud though is another matter. And it is your or the police's responsibility to prove it. The police don't want to be 'wasting' their time unless there are a lot of folks in your position and are making complaints. Your didn't file a complaint and if there were others they didn't either. FWIW, you would have to show that at the time the dealer took your order and money he had no intent to deliver anything to you, ever. Tough to prove I think.

FWIW, its no crime to publish the name of this dealer, just keep your comments to facts, no conclusions however logical they may be.

Too bad............Good for Wilson!
manitunc
795 posts
 
Your transaction is contractual in nature, and therefore a civil matter unless you can prove that the dealer had an intent to defraud when you gave him the money and had no intention of providing the product. that would be theft through fraud. It is difficult to prove ones intent at a particular time, and thats why police departments try to avoid such claims. they are not there to enforce bad business decisions.
In Florida, we have a civil theft statute which allows recovery of 3 times the value of the damages, plus attorney's fees, for such actions. However, a judgment for damages is just a piece of paper and if the party is uncollectable, you only have something to frame and put up on the wall.
I suspect your payment was to a corporate entity, and not an individual. That just complicates recovery because the corporation cant go to jail, and the individual is not responsible for corporate debts.

there are particular statutes that allow for criminal penalties for diversion of funds that can be used in construction cases, for instance. I dont know the particular laws in New York.

I always use paypal or a credit card, even if I have cash, on larger purchases. Its hard to get cash back.
marakanetz's avatar
marakanetz
5,473 posts
 
getting cash back with 9mm partner is a-bit easier when individual is found.
The negative: It's really a crime
The positive: It's not going to be a piece of paper :-)
jb8312
247 posts
 
It is/was a crime and a tort and the statute of limitations has long since run. The municipality elected not to pursuit it (criminally) and you elected not to pursue it civilly. Which is what R most likely counted on. Next time, pursue it.
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