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
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If there are any lawyer/audiophiles on this forum who could provide me some advice for a fee in regards to a fraud case involving a 'ring' of users here on Audiogon and dealing with it in the state of NY, I'd be grateful if one of you could reach out to me via Audiogon in-mail. Thank you....
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