Not receiving paychecks

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with no operating capital and offering a salary they cannot pay?

Fraud charges would be brought by the prosecutor.
Has the employer committed fraud? That is a legal conclusion for a judge and jury to determine.

Fraud or not, won't help your case. The guy's probably treading water until he can file bankruptcy. If not BK, he's planning to slip out of town one night at 2:00AM to avoid the cops, the state investigators, suppliers, and angry employees.

You'll probably get a judgment, but he'll have no funds with which he can pay you and others, or against which you could attach to enforce your claim/judgement.

Lawyers aren't interested because clowns like this sleazy crook have nothing that can be seized.
I suspect the guy's probably been involved in these financial hijinks in the past.
It's sad.
The people keep working because if they quit, they'd have no hope of getting anything.

Truly a despicable way to treat people who just want to feed their families.
 
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