A business venture gone bad is not necessarily a fraud.
If your business is going bad, you communicate this to your business partners and customers. You keep them updated about what's going on and maybe you declare chapter 11 or whatever you do in this case.
But if you hide and run, I would consider it to be fraud.
In my experience, small businesses and individuals are often curiously reluctant to seek insolvency protection until judgements against them are piling up and ignoring financial disaster in the hope it will either go away or "something will come up" is pretty common.
We have no idea what Tom actually owes. If there are "investors" they may even be secured creditors depending on how their financial contribution was structured. Also, deeds of arrangement with creditors tend not to work so well when there are a large amount of creditors or when there would be difficulty in treating a class of creditors equally.
Phin, if this is a criminal matter then investigators have access to DMV and other asset records. Plenty of people manage to avoid creditors without living as vagrant lifestyle as though they're trying to stay one step ahead of law enforcement. It's certainly possible that Tom and his family are moving around from one cheap hotel to another and town to town, but there's no reason to believe that it's likely. NY's a bigger city than Sydney and it would still be relatively easy to "disappear" here even if you'd committed the kind of crime which made accessing your bank accounts or using your ID dangerous.
Law enforcement can obviously seek the disgorgement of all sorts of information which isn't going to be available to creditors.