Disbarred attorney gets 1 year after admitting to theft of $360,000

By Jonathan Phelps Union Leader Staff

A disbarred attorney will spend a year in prison after pleading guilty Thursday afternoon to defrauding his clients of more than $360,000, including money from an estate meant to benefit Honor Flight New England.

David Dunn pleaded guilty to four counts of theft misapplication and was taken into custody immediately after Judge David Anderson sentenced him.

The plea and sentencing came with emotions from both victims and supporters of Dunn. More than a dozen people sat on one side of the gallery, including about a half-dozen wearing “Honor Flight Guardian” T-shirts, and nearly 40 sat behind Dunn showing support.

Anderson addressed both sides in making his decision, saying Dunn’s actions were “a deep breach” of clients’ trust in their attorney.

“This was a serious and systematic failure that happened over a five-year period,” Anderson said.

He said letters of support show that Dunn has “given much” throughout his life.

“The monies have been repaid, which is a significant factor,” Anderson said.

Prosecutor Bryan Townsend asked for a sentence of 5 to 10 years with 2 1/2 years suspended.

“This defendant, as an attorney, was in the ultimate position of trust and he abused that trust over and over and over again over the course of five years,” he said.

As for Honor Flight, the organization that takes veterans on trips to Washington to see the nation’s memorials, Dunn “felt his needs to take precedence over that of disabled veterans,” Townsend said.

Townsend said Dunn has attempted to use his health and overwork as a “get out of jail free” card. The theft took place between March 3, 2016, and June 9, 2021, according to the Attorney General’s Office.

Dunn’s attorney, Michael Iacopino, argued for Dunn to be released on probation, especially after having a brain tumor removed in 2012 and suffering from deep depression.

“It is interesting how the state turns the good things in David’s life around and tries to turn them into aggravated factors,” Iacopino said.

Part of the money was used to help a client who indicated he was about to lose his home, Iacopino said. Some of the money went to pay for operating expenses.

“He didn’t do it to go out and buy a fancy car. He didn’t do it to wear fancy suits,” Iacopino said.

From a podium at the front of the courtroom, Dunn turned around and spoke directly to at least one victim and supporters of Honor Flight New England to say he was sorry.

“I do not want to make excuses. I am the one responsible for my actions and no one else is to blame,” he said. “What I did was wrong.”

Dunn, who was disbarred last year, said he planned to replace the funds.

Victim advocate Amy Van Auken read a letter on behalf of a victim identified as “SB,” who had more than $100,000 stolen from a trust fund.

“David took more than money from me. He took my sense of well-being and security,” she wrote. “I know that I am not the only one who has suffered.”

World War II veteran Alphonse Pitcher donated a portion of his estate to Honor Flight, according to court documents. It was Honor Flight’s attorney Neil Nicholson who exposed the fraud.

Joseph Byron, Honor Flight founder and executive director, shared touching stories of sending veterans, mostly seniors, to Washington to visit and reflect at their memorials.

“In our case, you stole money from the estate of a World War II veteran who was touched by his Honor Flight,” Byron said. “He just wanted to do more, so that others could feel what they felt on that day, the day of admiration, the welcome home that he probably had never received.”

Three people spoke on Dunn’s behalf, including his daughter Devon.

Devon Dunn asked Anderson for leniency, calling him an “amazing father, outstanding member of the community and just a really good man.”

Townsend said he has never seen so many letters of support for a defendant, but he needs to be held accountable to send a message to other fiduciaries.

“What the defendant did was severe. What he did was repeated,” Townsend said. “What he did was steal hundreds of thousands of dollars from his clients.”

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Disbarred attorney gets 1 year after admitting to theft of $360,000