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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

Showing 1 response by newbee

newbee
4,751 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!
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