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Answer to the question you asked: what he's technically accused of here is defrauding someone and the law will err on the side of "making the aggrieved party whole" (forcing him to give back what he stole) in these cases. After all, if someone ran off with all your money today would you be happier if the government hurt that person or if they made that person give it back to you. Someone steals my money no jail sentence is gonna satisfy me as much as being able to pay my mortgage.
Answer to the question you meant to ask: Takes less evidence to get a civil suit to court, and in the process of prosecuting the civil suit you can get subpoenas for evidence and testimony that can lead to criminal indictments. This is basically getting a foot in the door to look at his taxes, his accounting records and everything else. Wouldn't be shocked at all if there are criminal indictments on the way.