Legal Briefs: News From Around NH

Bernstein Shur Attorney Matt Miller completes Leadership Seacoast program

Matt Miller, Bernstein Shur attorney

New Hampshire-based Litigation Associate Matt Miller recently graduated from Leadership Seacoast, a program dedicated to enriching and inspiring leaders within the Seacoast community.

Through this program, Matt and other Leadership Seacoast participants had the opportunity to explore and examine key issues impacting the cultural, social, political and economic lives of Seacoast residents. By participating in and graduating from this program, Matt is now part of a network of Seacoast professionals who will continue to be a positive catalyst for change in the area.

Discussing his experience participating in Leadership Seacoast, Matt said: “Leadership Seacoast was a fantastic program that helped me understand the community issues facing the Seacoast region and explore efforts to address them.

“It also connected me with a great network of people from across various industries in the area and allowed me to build relationships that I look forward to growing in the years to come. My experience in the program has made me a better community leader and a better attorney.”

Attorney Brian Quirk named a fellow of the Litigation Counsel of America

Brian Quirk, Shaheen & Gordon

Attorney Brian Quirk, a partner at Shaheen & Gordon, P.A., has been named a fellow of the Litigation Counsel of America (LCA). He is one of only 12 attorneys in New Hampshire to achieve this recognition.

The LCA is an honorary society for trial attorneys with membership limited to 3,500 Fellows or less than half a percent of American lawyers. According to the LCA, “Fellows are selected and invited into Fellowship after being evaluated for effectiveness and accomplishment in litigation and trial work, along with ethical reputation.”

The society focuses on diversity and inclusion and creates a community for professional development and advocacy in the law.

Attorney Quirk has decades of experience, including numerous high-profile trials and investigations. His practice is focused on white-collar defense, government investigations and civil litigation. He has been consistently recognized as one of the leading defense attorneys in New Hampshire by peers and clients.

He joins Attorney Michael Noonan, managing partner at Shaheen & Gordon, who is a Senior Fellow of the LCA and has been a member of the society for over seven years.

Home contractor sentenced to jail time for stealing from consumer

Attorney General John M. Formella announced that Thomas Gioseffi, 69, of Salem, NH, pleaded guilty and has been sentenced in the Rockingham County Superior Court to one class A felony count of theft by misapplication and one class A misdemeanor count of theft by unauthorized taking.

The underlying conduct occurred in 2019 and 2020, while Gioseffi owned and operated the general contracting company Gio Realty, LLC. An investigation by the Consumer Protection and Antitrust Bureau revealed that, on November 11, 2019, Gioseffi and D.C. signed a contract to build D.C.’s home. On November 11, 2019, and November 25, 2019, Gioseffi collected $50,000 in deposit funds from D.C. After obtaining the money, Gioseffi spent it on other projects and personal expenses. For these acts, Gioseffi pleaded guilty to theft by unauthorized taking.

The investigation also revealed that, on April 22, 2020, Gioseffi requested a construction loan disbursement of $34,150 to pay a subcontractor for performing site work. He received this disbursement from D.C.’s construction loan on April 29, 2020. After receiving this disbursement, Gioseffi did not pay the subcontractor for site work. He spent most of the money on other projects and on personal expenses. For these acts, Gioseffi pleaded guilty to theft by misapplication.

On the theft by unauthorized taking charge, the court sentenced Gioseffi to 12 months in the House of Corrections, stand committed. On the theft by misapplication charge, the court sentenced him to serve 2 to 4 years in the New Hampshire State Prison, all of which is suspended for 4 years from his date of release.

As a condition of the suspended sentence, Gioseffi is ordered to pay $84,150 in restitution to D.C., and is enjoined from soliciting or accepting any advance payment for the duration of his suspended sentence.

This case was investigated and prosecuted by the Consumer Protection and Antitrust Bureau at the New Hampshire Department of Justice. The case was investigated by Investigator Calice Ducey and prosecuted by Assistant Attorney General Warren Cormack and Senior Assistant Attorney General Brandon Garod.

Experienced government investigations attorney S. Amy Spencer joins Nixon Peabody

Nixon Peabody has expanded its Government Investigations & White-Collar Defense practice with the addition of S. Amy Spencer, who joins the international law firm as counsel.

Amy is also a member of Nixon Peabody’s Higher Education team, which partners with academic institutions to ensure they deliver on their critical missions as educators, researchers and regional economic engines.

Based in the firm’s Manchester office, she represents organizations and individuals in investigations, regulatory inquiries, and complex criminal and civil cases involving securities and financial fraud, Title IX, NCAA compliance, election law, and other federal and state law matters.

“Amy has a strong track record of helping clients successfully navigate criminal and regulatory investigations,” said Robert Fisher, leader of Nixon Peabody’s Government Investigations & White-Collar Defense practice. “With the federal government stating its intentions to increase civil and criminal enforcement, Amy’s range of experience will be an asset for our group.”

Amy’s work includes representing clients in matters involving mail and wire fraud, securities fraud, bank fraud, Medicare and Medicaid fraud, money laundering, cybersecurity, identity theft, campaign finance and election law, civil rights and discrimination, consumer protection, complex commercial disputes, sex offenses, the Racketeer Influenced and Corrupt Organizations Act (RICO), the False Claims Act (FCA), the Stark Law, and the Anti-Kickback Statute, among other areas.

A significant portion of her civil practice involves representing and advising educational institutions, faculty, and staff in matters involving Title IX, academic misconduct, employment, civil rights and discrimination, NCAA and secondary athletic compliance, and the emerging field of name, image, and likeness (NIL).

Amy is licensed to practice in New Hampshire, Massachusetts, New York and California. She is also admitted in the U.S. District Courts for the District of New Hampshire, the Southern District of New York, the Eastern District of New York, and the Western District of Texas, and in the U.S. Courts of Appeals for the First Circuit and the Fifth Circuit.

Amy previously served as a law clerk for the Honorable Steven J. McAuliffe of the U.S. District Court for the District of New Hampshire, the Honorable Carolyn Dineen King of the U.S. Court of Appeals for the Fifth Circuit, the Honorable John E. Sprizzo of the U.S. District Court for the Southern District of New York, and the Honorable Kevin Thomas Duffy of the U.S. District Court for the Southern District of New York.

Amy earned her J.D. from Loyola Law School, Los Angeles, summa cum laude, and her B.A. from Columbia University’s Columbia College. In addition, she received her teaching credential from California State University, Long Beach. Amy served as a middle school English teacher and Language Arts department chair prior to embarking on her legal career.