David Herlicka Sentenced to Prison for Theft, Securities Fraud, and Conspiracy

Concord, NH - Attorney General John M. Formella announces that David Herlicka, 51, of Amherst, has been sentenced in the Hillsborough County Superior Court - Northern District to serve two concurrent sentences of 2.5 - 5 years in the New Hampshire State Prison on one class A felony count of Theft By Deception and one class A felony count of Conspiracy To Commit Theft By Deception. Mr. Herlicka was also sentenced to 3.5 - 7 years on a class B felony count of Securities Fraud, all of which is suspended until 10 years after his release from incarceration. In addition, Mr. Herlicka has been ordered to pay outstanding restitution.

Mr. Herlicka was convicted on October 30, 2025 for his role in securing a $962,000 loan to White Birch Brewing, LLC, a now-defunct brewery, including by telling investors that the money would be used for equipment and supplies and then using more than $130,000 for personal expenses unrelated to the brewery. Mr. Herlicka conspired to obtain the loan by deception with his employee, Dennis Nordquist, who was convicted in April and sentenced in July for his role in the scheme.

Investigator Calice Ducey investigated the case with assistance from the New Hampshire Bureau of Securities Regulation. Senior Assistant Attorney General Kevin Scura and Assistant Attorney General J.R. Davis prosecuted the case along with Investigative Paralegal Rachelle Simon. Sunny Mulligan Shea assisted as victim-witness advocate.

All are part of the New Hampshire Department of Justice's Consumer Protection and Antitrust Bureau, which investigates and prosecutes deceptive and unfair business practices against New Hampshire consumers. To file a complaint with the Consumer Protection and Antitrust Bureau, call the Consumer Protection Hotline at 1-888-468-4454 or file a complaint online at https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau/consumer-complaints.