Cook County State's Attorney's office receives dozens of complaints about Window Depot USA of Chicago
CHICAGO (CBS) -- Bankruptcy notices started showing up in the mail for customers who say they were duped out of thousands of dollars by a Chicago area home repair company.
In a new bankruptcy filing, Window Depot of Chicago claims they owe more than $1 million. While that could shield the company from paying back the money, they are not protected from potential criminal charges.
CBS 2's Charlie De Mar sat down exclusively Thursday with the investigators who could bring justice.
We have been investigating Window Depot USA of Chicago them for weeks – with reports of multiple people who say they were scammed out of their money. We have heard from customers, and a former employee, who say they were scammed out of hundreds of thousands of dollars.
Some customers told us they thought the company should face legal consequences.
"I can't think of a better word to use other than fraud," Window Depot of Chicago customer Tom Arnswald said in one of our earlier reports.
De Mar sat down with David Williams – the head of the Financial Crimes and Consumer Fraud Unit for the Cook County State's Attorney's office.
"We go after home repair fraudsters civilly and criminally depending on the scenario," Williams said.
So far, Williams' office has received more than a dozen complaints against Window Depot of Chicago. He outlined some of the questions asked before charges are brought in any fraud case.
"What happened here? Was there fraud from the beginning?" he said. "Did the bad actor intend on stealing from the beginning? Did something happen in the middle? Where did it all fall apart?"
We have introduced you to customer after customer who says they paid thousands to the company for home repairs – and received either no work or questionable craftsmanship in return.
Now, those customers want owners Dan Faught and Eric Smith to pay the consequences.
"Some people rob with a gun. Others do it with a pen and paper. It's still the same," Arnswald said. "It's still and crime, and these people need to be brought to justice."
Williams explained the kind of evidence needed for a fraud case.
"The best scenario for us, obviously, is the written documentation between the victim and the target," Williams said.
And the customers we have talked to have plenty to prove they were wronged – from written checks to signed contracts.
But recovering the money might be unrealistic.
"I would say they have recourse, but it's empty," said Bruce Markell a professor of Bankruptcy Law and Practice at Northwestern University. "The debtor in this case has said he doesn't think there's money to pay creditors anyway."
In a new bankruptcy filing, Window Depot of Chicago owner Faught claims he is over $1 million in debt. He even lists dozens of customers that he may owe money to for "uncomplete work."
"You say you have all this debt, and you took these deposits," Markell said. "Where are they? What happened?"
The window depot owner will have a hearing in his bankruptcy claim next month.
If you feel like you are a victim and want to file a claim with the State's Attorney's office, its Consumer Fraud Unit complaint hotline is at (312) 603-8700. More information can be found here.
