For Immediate Release
Date: May 24, 2024

Contact

Michael S. Garrity, Director of Communications
(603) 931-9375 | michael.s.garrity@doj.nh.gov
Kevin P.J. Scura, Assistant Attorney General
(603) 271-8368 | Kevin.P.J.Scura@doj.nh.gov
Zachary A. Frish, Assistant Attorney General

Joseph Giuttari Indicted for Theft, Securities Fraud, and Issuing Bad Checks

Concord, NH – Attorney General John M. Formella announces that the Carroll County Grand Jury has returned seven indictments charging Joseph Giuttari, age 62, with three class A felony counts of Theft By Deception, three class B felony counts of Securities Fraud, and one class A felony count of Issuing Bad Checks.

The indictments stem from an investigation of Giuttari’s conduct in soliciting investments from Center Conway resident Webster Jones.  Giuttari solicited and accepted a total of $785,000 in investments from Jones in companies controlled by Giuttari, including Hybrid Capital Group, LLC; The Fens Company, LLC; Peerless Hi Yield Realty, LP; and Realty Private Lending Growth Fund, LP.  

The three Theft By Deception indictments allege that Giuttari obtained funds from Jones on three occasions, each by creating or reinforcing false impressions relating to how Jones’s money would be used, the safety of the investment, and security that would be provided to Jones.  The three Securities Fraud indictments allege that Giuttari lied and omitted important facts in selling securities of his companies to Jones.  The Issuing Bad Checks indictment alleges that Giuttari provided Jones with a check for $185,000, payment on the check was refused, and the refusal of payment was not based on factors outside of Giuttari’s control.

Giuttari is scheduled to be arraigned on the charges in Carroll County Superior Court on June 14, 2024, at 9 a.m.  The indictments are merely accusations, and Giuttari is presumed innocent unless and until proven guilty.

This matter was investigated by Investigator Calice Ducey of the Department of Justice’s Consumer Protection and Antitrust Bureau.  The case is being prosecuted by Assistant Attorneys General Kevin Scura and Zachary Frish, also of the Consumer Protection and Antitrust Bureau.