CONCORD, NH – Attorney General Gordon J. MacDonald announces the arrests of David Herlicka, 46, and Dennis Nordquist, 66, on charges of theft by deception, conspiracy to commit theft by deception, and securities fraud.
The charges allege that between September 1, 2014, and June 30, 2015, Mr. Herlicka and Mr. Nordquist conspired with each other and acted individually to fraudulently obtain a nearly $1 million dollar investment from R.S. in order to finance operations of White Birch Brewery which is currently owned by Mr. Herlicka. The charges further allege that both individuals lied and omitted important facts in their communication with R.S. in order to induce the investment.
Theft by deception and conspiracy to commit theft by deception are both Class A felonies. Securities fraud is a Class B felony. Class A felonies and are punishable by up to 7 ½ -15 years at the New Hampshire State Prison and/or a maximum fine of $4,000 for each charge. Class B felonies are punishable by up to 3 ½-7 years at the New Hampshire State Prison and/or a maximum fine of $4,000 for each charge.
The charges and allegations set forth in the complaints are merely accusations, and Mr. Herlicka and Mr. Nordquist are presumed innocent unless and until proven guilty.
Assistant Attorney General Gregory M. Albert and Robert F. Adams of the Consumer Protection and Antitrust Bureau are prosecuting these cases.