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............:):)