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Formal Criminal Complaint & Public Corruption Re-Referal

DTC attorneys systematically deployed claims of statutory attorney-client privilege to shield an active cover-up.

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The New Hampshire Department of Justice

Office of the Attorney General / Public Integrity Unit

33 Capitol Street, Concord, NH 03301

The Federal Bureau of Investigation (FBI)

Boston Field Office / Public Corruption & Civil Rights Programs

201 Maple Street, Chelsea, MA 02150

COMPLAINANT:

Jeffrey T. Clay

31481 Cannon Rush Drive, San Antonio, FL 33576

603-534-1963 | jeffreytclay@gmail.com

TARGETS OF COMPLAINT:

  1. Stephen Fournier, Town Manager, Town of Newmarket, NH
  2. The Newmarket Town Council (As a collective public body)
  3. Donahue, Tucker & Ciandella, PLLC (DTC) (As a corporate legal entity)
  4. Attorney Christopher D. Hawkins (DTC)
  5. Attorney Briana L. Matuszko (DTC)
  6. Attorney William K. Warren (DTC)
  7. Attorney Michael J. Ratigan (DTC, Retired)
  8. Associate Attorney General Thomas P. Velardi (Director, NH DOJ Division of Public Protection)

STATUTORY CHARGES ALLEGING A CONTINUING CRIMINAL ENTERPRISE:

MASTER EXCLUSIONARY JURISDICTIONAL STATEMENT

This document is a formal demand for criminal intervention and does not seek administrative or civil remedies. While the targets have repeatedly attempted to shield their felony conduct behind the finality of closed municipal dockets, it is a foundational maxim of American jurisprudence that Fraud Upon the Court strips a tribunal of jurisdiction, carries no statute of limitations, and cannot be immunized by a tainted civil judgment.

Furthermore, this complaint documents a secondary conspiracy inside the New Hampshire Department of Justice. It outlines an illicit feedback loop where state prosecutors actively colluded with the targets of a public corruption complaint to prematurely kill an active inquiry, triggering mandatory federal jurisdictional review under the Color of Law statutes.

CHRONOLOGICAL LIST OF CORE CRIMES

CRIME #1: FALSIFICATION OF GOVERNMENT RECORDS & PRE-LITIGATION EVIDENCE TAMPERING

Target: Town Manager Stephen Fournier

Statutes Violated: NH RSA 641:3, RSA 641:4, RSA 638:1, RSA 642:1

Factual Matrix:

On August 28, 2023, after receiving explicit, written notice that federal and state civil rights litigation regarding Right-to-Know (RSA 91-A) violations was imminent, Town Manager Stephen Fournier issued a formal statutory denial letter. In this official government record, Fournier falsely asserted that:

  1. No Town Council deliberations occurred regarding the proposed settlement contract.
  2. No approval or vote occurred by the public body.
  3. No public records or email communications existed relating to the transaction.

This response was not an administrative error; it was a deliberate falsification of a governmental record intended to impair the availability of evidence in an impending tribunal. Fournier used his administrative office to create a fraudulent negative record to force the complainant into a litigation blind spot.

CRIME #2: FALSE SWEARING & PERJURY TO INFLUENCE A JUDICIAL TRIBUNAL

Target: Town Manager Stephen Fournier

Statutes Violated: NH RSA 641:2 (Class B Felony), RSA 641:4, RSA 638:1, RSA 641:6

Factual Matrix:

On September 26, 2023, Fournier executed a sworn affidavit under penalty of perjury and submitted it directly to the Rockingham County Superior Court. In this affidavit, Fournier swore under oath that no discussions, non-meetings, emails, or approval records existed among any quorum of the Town Council regarding the settlement agreement.

This sworn document directly influenced the court’s early staging of the case. It is flatly contradicted by subsequent admissions from his own corporate counsel (DTC), which revealed that a rolling quorum of the Town Council had explicitly debated and authorized the contract terms via private email dockets.

CRIME #3: CRIMINAL CONCEALMENT & UNLAWFUL SHIELDING TO THE RTK OMBUDSMAN

Target: Donahue, Tucker & Ciandella, PLLC (DTC)

Statutes Violated: NH RSA 641:4, RSA 638:1, RSA 642:1, RSA 641:6

Factual Matrix:

In its formal Answer filed before the New Hampshire Right-to-Know Ombudsman (Docket RKO 2023-024), the DTC law firm shifted the narrative to escape discovery. DTC explicitly admitted that: "The settlement decision of the Town Council was the product of the Town Council email responses to the Town legal counsel's email inquiry."

Despite this formal admission that public records existed and that an illegal email approval process occurred outside of a public meeting, DTC actively withheld the documents. They claimed the emails were completely immune from disclosure under attorney-client privilege. This directly contradicts Fournier’s sworn assertion that "no emails existed," proving that both records cannot simultaneously be true.

CRIME #4: FABRICATION OF ALTERNATIVE FACTUAL NARRATIVES IN A JUDICIAL FILING

Targets: Attorney Briana L. Matuszko, Attorney William K. Warren

Statutes Violated: NH RSA 641:2, RSA 641:4, RSA 642:1, RSA 638:1

Factual Matrix:

On January 17, 2024, Attorneys Matuszko and Warren co-signed and filed a "Statement of Material Facts" in the Rockingham Superior Court (Docket No. 218-2023-CV-01356). Facing judicial scrutiny, DTC altered the narrative for a third time, stating under certification to a judge that: "The Town Council did not approve the Settlement Agreement."

This was a deliberate attempt to deceive the trial judge into believing the Town Council played zero operational role in the contract's formation, thereby directly undermining their own prior filings to the Ombudsman.

CRIME #5: APPELLATE PERJURY & FRAUD UPON THE STATE'S HIGHEST TRIBUNAL

Target: Attorney Briana L. Matuszko

Statutes Violated: NH RSA 641:2 (Felony), RSA 641:4, RSA 638:1, RSA 641:6

Factual Matrix:

In the Town's Rule 7 Mandatory Appeal Response Brief filed before the New Hampshire Supreme Court (Docket No. 2024-0474), DTC escalated their fabrications to the highest level of appellate practice. Attorney Matuszko explicitly certified to the Supreme Court that:

  1. "No emails existed" between the Town Manager and the Town Council regarding the contract.
  2. "No public record is hidden from view."
  3. The public's right to access records was never impeded because no documents were ever created.

This appellate submission represents a complete, fraudulent distortion of the record. It directly conflicts with the underlying municipal reality and earlier admissions made to the Ombudsman.

CRIME #6: INDIVIDUAL LAWYER CORRUPTION & THE EVIDENCE-MUTATION CONSPIRACY

Targets: Attorneys Hawkins, Matuszko, Warren, and Ratigan

Statutes Violated: NH RSA 629:3, RSA 638:1, RSA 642:1, 18 U.S.C. § 1512

Factual Matrix:

The four named DTC attorneys operated a coordinated legal team that systematically mutated the factual record depending on the vulnerabilities of the forum:

CRIME #7: STRUCTURAL FRAUD UPON THE COURT FOR IMMUNITY

Targets: Stephen Fournier, DTC Law Firm, Town Council

Statutes Violated: Common Law Fraud Doctrine (Inherent Power), NH RSA 641:6

Factual Matrix:

The targets successfully executed a multi-forum fraud scheme that polluted the fact-finding mechanisms of the Ombudsman, the Superior Court, and the Supreme Court. By presenting four irreconcilable, shifting realities across two years of litigation, the targets choked the judicial machinery, ensuring that no court could accurately evaluate the underlying structural violations of New Hampshire law.

CRIME #8: OFFICIAL OPPRESSION & MUNICIPAL RETALIATION

Targets: Town Manager Stephen Fournier, Newmarket Town Council

Statutes Violated: NH RSA 643:1 (Class A Misdemeanor), RSA 626:8 (Accomplice Liability)

Factual Matrix:

Fournier and the collective members of the Town Council knowingly refrained from performing their mandatory statutory duties under RSA 91-A and RSA 41:6 (the preservation of public records and compilation of public minutes). They deployed their official municipal power to target the complainant, utilizing public funds to pay private lawyers to systematically strip a citizen of his state constitutional right to governmental transparency.

CRIME #9: SYSTEMIC OBSTRUCTION OF THE RIGHT-TO-KNOW LAW AS A CRIMINAL BLANKET

Targets: All Defendants

Statutes Violated: NH RSA 638:1, RSA 641:3, RSA 642:1

Factual Matrix:

This is a coordinated operational scheme where civil infractions were intentionally escalated into criminal concealments. The targets used false assertions of "attorney-client privilege" as a criminal pretext to hide the physical existence of documents. This perverted the administrative enforcement powers of the Right-to-Know Ombudsman.

CRIME #10: THEFT BY DECEPTION & WIRE FRAUD VIA FRAUDULENT ENFORCEMENT

Targets: Donahue, Tucker & Ciandella, PLLC, Attorney Christopher D. Hawkins

Statutes Violated: NH RSA 637:4 (Felony Theft), RSA 629:1 (Criminal Attempt), 18 U.S.C. § 1343

Factual Matrix:

This criminal enterprise directly targeted personal property. Having successfully obtained civil orders and fee awards through the submission of false affidavits and perjured appellate briefs, DTC and Attorney Hawkins filed a series of Writs of Execution and Exemplifications of Judgment totaling $29,197.07.

They attempted to leverage these fraudulently obtained orders to execute a seizure of personal funds and place a lien on the complainant’s real estate. This constitutes a distinct financial crime: attempting to convert a citizen's property by creating and reinforcing a false impression before a judge.

CRIME #11: CRIMINAL USE OF PRIVILEGE AS A WRONGFUL PRETEXT

Targets: All DTC Counsel

Statutes Violated: NH RSA 638:1, RSA 642:1, Crime-Fraud Exception Doctrine

Factual Matrix:

DTC attorneys systematically deployed claims of statutory attorney-client privilege to shield an active cover-up. Because the privilege was explicitly used to hide an un-noticed rolling quorum vote from the public, the privilege was void ab initio under the Crime-Fraud Exception. Weaponizing a void privilege to block judicial discovery constitutes felony evidence tampering.

CRIME #12: UNSWORN FALSIFICATION IN VERIFIED APPELLATE PLEADINGS

Target: Attorney Briana L. Matuszko

Statutes Violated: NH RSA 641:4, RSA 641:6

Factual Matrix:

The factual assertions presented in the Town's mandatory Rule 7 Brief—specifically denying the physical existence of structural email chains—were certified under penalty of procedural sanction. Presenting these certified falsehoods to the Supreme Court clerk directly caused appellate justices to issue rulings based on a fabricated factual universe.

THE SECONDARY CONSPIRACY: STATE-LEVEL PROSECUTORIAL COLLUSION

CRIME #13: CONSPIRACY TO OBSTRUCT JUSTICE & ADMINISTRATIVE INTERFERENCE

Targets: Attorney Christopher D. Hawkins (DTC), Associate Attorney General Thomas P. Velardi (NH DOJ)

Statutes Violated: NH RSA 629:3, RSA 642:1, 18 U.S.C. § 241, 18 U.S.C. § 242

Factual Matrix:

On November 23, 2025, with the complainant’s Motion to Vacate for Fraud pending before the Rockingham Superior Court, Target Attorney Christopher Hawkins initiated direct, ex-parte communication with Associate Attorney General Thomas P. Velardi, Director of the Division of Public Protection. At the time of this call, Hawkins' firm was actively facing multi-layered allegations of felony public integrity violations.

Exactly one day later, on November 24, 2025, at 12:19 PM, AAG Velardi issued an absolute administrative declination letter completely shutting down any criminal review of Newmarket officials or DTC attorneys.

[CRIMINAL INTERFERENCE TIMELINE]

Nov 23, 2025: Target Atty Hawkins makes backchannel contact with NH DOJ.

Nov 24, 2025 (12:19 PM): AAG Velardi issues sweeping, un-investigated declination letter.

Nov 24, 2025 (4:35 PM): Hawkins uses Velardi letter to threaten Complainant.

Nov 25, 2025 (8:55 PM): DTC files Omnibus Objection using DOJ letter as Exhibit 2.

Velardi’s rapid turnaround letter (File: Verlardi Letter Declining (1) (2).pdf) features structural indicators of institutional collusion and bad faith:

  1. Ex-Parte Signaling: Velardi explicitly copied target town officials and target opposing counsel Christopher Hawkins directly on the internal law enforcement declination, arming them with the document before the complainant could even process the file.
  2. Circular, Bad-Faith Logic: Velardi explicitly justified his refusal to investigate by stating: "In fact, the Superior Court has ruled rather conclusively on your claims of wrong-doing..." Velardi chose to blindly rely on a civil record to declare "no crimes occurred," while completely ignoring that the core allegation of the complaint was that the civil record itself was obtained via felony fraud.
  3. The "Poison Pill" Local Referral Proviso: To permanently insulate his collusive partners, Velardi directed the complainant to take the felony attorney conspiracy case to a local municipal police department. However, he added a mandatory restriction: the complainant must inform any local agency “that it has been reviewed and declined by the DOJ... on the merits.” This was a deliberate attempt to poison the well, ensuring no local detective would ever touch a case flagged as "declined on the merits" by the state's highest law enforcement official.

Within four hours of Velardi issuing this email, Attorney Hawkins sent a threatening correspondence to the complainant, demanding that the court be notified of the DOJ declination. Within 30 hours, DTC filed a sweeping Omnibus Objection in the Superior Court, attaching Velardi's letter as Exhibit 2 to demand the immediate release of the $29,197.07 Writ of Execution.

This sequence of events demonstrates a coordinated, extrajudicial loop where state law enforcement power was deployed under color of law to defeat a public integrity complaint, protect prominent bar members, and facilitate the immediate financial extraction of funds from a pro se citizen.

CRIME #14: SYSTEMIC COGNIZABLE PATTERN & PRACTICE OF GOVERNMENTAL CORRUPTION

Targets: All Named Co-Conspirators

Statutes Violated: 18 U.S.C. § 241, 18 U.S.C. § 242, NH RSA 643:1

Factual Matrix:

The cumulative actions detailed in this complaint do not represent a series of isolated administrative errors. They demonstrate a pervasive custom and custom-enforced custom of institutional insulation.

When a municipality can conduct secret electronic voting, fabricate records to hide the votes, present shifting narratives to multiple courts, and use top-tier state prosecutors to short-circuit criminal review, the rule of law has been systematically replaced by a protective cartel. This pattern and practice directly deprives a United States citizen of his First Amendment Right to petition the government for redress and his Fourteenth Amendment Right to Procedural Due Process.

MANDATORY DEMAND FOR COMPLIANCE AND INDEPENDENT REVIEW

  1. TO THE FEDERAL BUREAU OF INVESTIGATION: Because this complaint documents systemic "Color of Law" violations (18 U.S.C. § 242) and public corruption crossing into state prosecutorial agencies, Complainant demands that the Boston Field Office assert primary federal jurisdiction over this matter, sub-poena the underlying cell phone records and email metadata of the named DTC attorneys and AAG Velardi, and bypass the inherently conflicted New Hampshire state-level justice machinery.
  2. TO THE NEW HAMPSHIRE DEPARTMENT OF JUSTICE: Complainant records a formal, structural objection to any further review of this matter by Associate Attorney General Thomas Velardi or any agent within the Division of Public Protection. Complainant demands that Attorney General John M. Formella immediately appoint an independent, out-of-state, conflict-free Special Prosecutor to review the explicit factual contradictions between Fournier’s sworn filings and Ratigan’s open-court admissions.

I certify under penalty of perjury under the laws of the United States of America and the State of New Hampshire that the foregoing facts regarding the documents filed and statements made across these various dockets are true, accurate, and verifiable via the public record.

Dated: June 4, 2026

Respectfully submitted,

/s/ Jeffrey T. Clay

Jeffrey T. Clay, Pro Se Civics Advocate

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