You could file a lawsuit if he doesn't pay/deliver. And if he is convicted, I'm sure that'll be more than enough evidence to win the lawsuit. Also, the judge may include restitution in the sentence, which is probably what would happen. You need to explain to this idiot that it is in his best interest to pay you guys back. He could either pay you back and be a free man, or he could be forced by the court to pay you back and then go to jail. It's his choice.