[nj/nyc] Scammed Out Of $250k By Small Business Owner - Is This A Clear-cut Case Of Fraud?

Occurred in NJ at the time but I have since moved to NYC if that matters)

Will try to summarize and keep everything brief: will use (D) for defendant

I haven't filed yet as (D) has provided small monthly repayments since I've uncovered and threatened with legal action, but (D) will soon be unable to make payments altogether.

• (D) provided me with fake photoshopped financials + corresponding fake photoshopped bank statements for his small business before asking me for a loan.

• I didn't invest in this business, but rather gave him a personal loan under these false pretenses. However, I have stipulations in there entitling me to a % of gross revenue from his business. His business produces decent revenue but pretty much operates at a loss

• In the contract, we have also agreed that even if he filed bankruptcy that he would still be liable for repayment.

• We had agreed that the money I lent (D) would be used to pay off his business's debts, but instead (D) blew it on lavish vacations/various things of similar nature and did not use the funds as agreed.

• I also have emails of him directly admitting he committed tax fraud + the fake returns he's submitted to the IRS. I also have the "true" tax returns he should have submitted but did not.

• I have proof he intentionally siphoned funds out to undisclosed bank accounts that he opened immediately after receiving the funds.

• I have proof he's opened up multiple LLC's since then, and sold the same merchandise under each LIC as well. The merchandise he's selling is also blatant copyright infringement (e.g., selling unlicensed merchandise using copy/pasted artwork/characters from popular tv shows)

Do I have a clear-cut case of fraud here?

Even if I am unable to recoup the $ (preferred but also likely), I would like to press criminal charges for theft/fraud.

Any help is greatly appreciated. Thank you