Governor and Executive Council Agenda item PDF - 2026-01-07 - agenda 4

Meeting Date

2026-01-07

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

4

Agency Names

Fish And Game Department

Parent Meeting Title

Governor and Executive Council meeting - 2026-01-07

ATTORNEY GENERAL

DEPARTMENT OF JUSTICE

1 GRANITE PLACE SOUTH

CONCORD, NEW HAMPSHIRE 03301

JOHN M. FORMELLA JAMES T. BOFFETTI

ATTORNEY GENERAL DEPUTY ATTORNEY GENERAL

4

December 17,2025 g ^ 2025

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

Your Excellency and Members of the Council:

REQUESTED ACTION

That approval be and hereby is given to the Attorney General to appoint James H. Holl,

III to Position #9U048 (Appropriation #02-20-20-200510-2620-013-500132), as an Assistant

Attorney General, at a salary level of $116,420, effective upon Governor and Executive Couneil

approval or January 9, 2026, whichever is later, for a term ending July 31, 2028.

EXPLANATION

Mr. Holl, a resident of Goffstown, earned his Bachelor of Arts in Political Science from

the University of California - Los Angeles in 1991, and his Juris Doctor from Pepperdine

University School of Law in Malibu, California in 1995. In law school, he was a Research

Fellow for Professor Gregory Ogden in Ethics and Remedies. Prior to graduation, he served as a

legal intern at the United States Attorney's Office, Central District of California in Los Angeles.

After graduating from law school, he was hired as an Associate Attorney at Booth, Mitchel &

Strange, LLP in Los Angeles, where his practice areas focused on general commercial litigation,

surety litigation, insurance defense litigation, appellate practice, bankruptcy, labor, and

unemployment. In 1997, he relocated to Vienna, Virginia, where he was hired as an Associate

Attorney at Wickwire Gavin, P.C. and focused his practice on general commercial litigation,

construction litigation, surety litigation, government contracts, and bankruptcy. In 1998, Mr.

Holl joined the United States Department of Justice, Civil Division, Commercial Litigation

Branch as a Trial Attorney, where he was a Multiple Performance Award recipient. As a

member of the litigation team, he handled both independent litigation and an appellate docket,

participating in over 30 oral arguments before the United States Court of Appeals for the Federal

Cireuit. From 2003 to 2025, Mr. Holl was a Chief Trial Attorney for the United States

Commodity Futures Trading Commission of Enforcement, where he was a Multiple Performance

and Star Award recipient, and a F.B.I. Award Recipient for Excellence in Cooperative

Telephone 603-271-3658 • FAX 603-271-2110 • TDD Access: Relay NH 1-800-735-2964

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

December 17, 2025

Enforcement. He consistently managed one of the largest dockets among Division Chief Trial

Attorneys. He is admitted to practice law in New Hampshire, California, and the District of

Columbia. Mr. Holl joined the Department earlier this year and was assigned to the Civil

Bureau's Civil Litigation Unit. I plan to continue his current assignment. His salary will

increase by $3,000 from $113,420 to $116,420. A copy of his resume is attached.

RSA 21-M:3 and RSA 94:l-a(I)(c)(3) provide that the designation of positions, salary

levels, and salary increases for attorneys at the Department of Justice shall be determined by the

Attorney General, subject to approval of the Governor and Council, within appropriations made

to the Department of Justice.

1 am very pleased to offer Mr. Holl's appointment as an Assistant Attorney General at the

above-referenced salary for your approval and respectfully urge your favorable consideration.

Thank you.

Respectfully submitted.

John M. Formella

Attorney General

#5346630

James H. Holl, III

Experience Summary; Seasoned litigator and manager of an enforcement staff widely recognized for my

ability to achieve effective, positive results while simultaneously managing the efforts of multiple legal and

forensic professionals and their dockets. Manage 25+ active matters in various stages of investigation and

litigation as part of an individual docket and across staff. Directly responsible for investigations and

litigation involving complex financial cases pertaining to potential manipulation of diverse derivatives

markets, fraud, and trade practice violations. Award-winning collaborator with criminal and other civil

enforcement authorities. Excellent oral and written communication skills.

Work History

New Hampshire Department of Justice, Civil Law Bureau and Public Safety and Infrastructure Bureau

May 2025 - Present Attorney

• Litigation attorney directly handling cases in all phases of litigation in state and federal courts and

appeals in subject matters including public works contracts, excessive force claims, tort claims,

securities law, election law and employment law

• Responsible for managing large scale tort litigation involving New Hampshire Youth Detention Center

and ancillary cites sued by former residents

o Coordination of trial strategy for trial track cases; work with team to handle massive

discovery related to over 1500 cases; management of outside counsel

U.S. Commodity Futures Trading Commission, Division of Enforcement

2003-2025 Chief Trial Attorney (CT-15)

• Supervisor with direct oversight responsibility for a group of 10-12 trial lawyers, economists,

paralegals and investigators

o Assign cases and work directly with attorneys and staff to set objectives, formulate means

and methods, and monitor progress

o Review of all written product generated by team members

o Budget management for cases

o Attorney and Investigator performance assessment and reviews

o Reporting responsibility regarding team caseload status

o Coordinate with other Divisions within the CFTC to leverage internal resources in the

handling of investigations

• Oral and written briefings of Commissioners and Staff regarding investigations, litigation, and risk

analyses

• Conduct investigations of complex financial matters relating to violations of the Commodity

Exchange Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act

o Investigations of potential trade practice violations, fraudulent, or manipulative activity by

financial institutions, hedge funds, foreign exchange trading firms, futures and options

trading firms, introducing brokers and traders

• Drafting of memoranda requesting formal authority to issue subpoenas and fiie lawsuits for

injunctive relief in United States District Courts to enjoin fraudulent activity

• Lead counsel responsible for conducting all aspects of civil litigation on behalf of the CFTC in United

States District Courts

• Recognized for exceptional ability to coordinate investigation and litigation efforts with concurrent

criminal investigations by U.S. Department of Justice and the Federal Bureau of Investigation (F.B.l.)

Approach to cases: highly organized and professional approach to personally handling cases and

managing others. I believe that no problem should be presented without a recommended,

thought-out solution.

Multiple Performance and Star Award Recipient

Case Highlights

Lead counsel on U.S. CFTC v. Deutsche Bank, SONY-first injunctive action filed in

U.S. District Court for swaps reporting violations

Prevailed in contested hearings on Motions for Statutory Restraining Order and

Order of Preliminary Injunction (multiple witnesses plus exhibits)

Prevailed as lead counsel in bench trial in $20+ million fraud

Negotiated administrative settlement of seminal manipulation action involving no

direct evidence of intent (proved intent via inference from trading activity)

F.B.I. Award Recipient for Excellence in Cooperative Enforcement

Led vanguard in bringing market timing/late trading and under-capitalization/

under-segregated cases on behalf of the Commission

• Consistently managing one of the largest dockets among Division Chief Trial

Attorneys

United States Department of Justice, Civil Division, Commercial Litigation Branch

1998-2003 Trial Attorney (GS-15)

• Personal responsibility for handling all aspects of heavy trial-level caseload before the United States

Court of Federal Claims and the United States Court of International Trade

o Litigation primarily involving Government contracts. Fifth Amendment Takings cases,

complex commercial litigation, and international trade

• Personal responsibility for handling all aspects of appellate caseload before the United States Court

of Appeals for the Federal Circuit

o Over 30 oral arguments

• Member of litigation team while attending to independent litigation and appellate docket

• Multiple Performance Award recipient

Case Highlights/Reported Decisions (*denotes multiple arguments/decisions in same case)

• American Pelagic Fishing Co. v. United States. 55 Fed. Cl. 575 (2003), rev'd and remanded with

order to dismiss, 379 F.3d 1363 (Fed. Cir. 2004)

Classified TRO hearing involving DOD government contract

Alleghenv Bradford Corp v. U.S.. 342 F. Supp.2d 1162 (CIT 2004)

Slater Steels Corp. V. U.S.. 297 F.Supp. 2d 1351 (CIT 2003)

Snvderv. U.S.. 54 Fed. Cl. 686 (2002)

Tavlorv. U.S.. 54 Fed. Cl. 423 (2002)

Airplane Sales Int. Corp. v. U.S.. 54 Fed. Cl. 418 (2002)

Nveholt V. Sec, of Veterans Affairs. 298 F.3d 1350 (Fed. Cir. 2002)

Mitsubishi Heavv Industries v. U.S.. 275 F.3d 1056 (Fed. Cir. 2001)*

Koenig & Bauer-Albert v. U.S., 259 F.3d 1341 (Fed. Cir. 2001)*

U.S. V. Action Products. 2001WL196762 (CIT 2001)

Bravv.U.S.. 48 Fed. Cl. 781 (2001)

Sheehan v. Dept. of the Navv. 240 F.3d 1009 (Fed. Cir. 2001)

Kachanis v. Department of the Treasurv. 212 F.3d 1289 (Fed. Cir. 2000)

Aimcor Alabama Silicon v. U.S.. 83 F. Supp. 2d 1293 (CIT 1999)

2

Wickwire Gavin, P.C. Vienna, Virginia

1997 -1998 Associate Attorney

• General litigation practice before Federal and State courts with significant involvement in large

cases

• Extensive client contact and counseling

• Practice Areas: general commercial litigation, construction litigation, surety litigation, government

contracts, bankruptcy

Publications: "Look Out! Potentially Troublesome and Beneficial New Provisions

for Sureties," ABA TIPS Annual Meeting, 1998; "The Grey Areas of Default -

Revisited," The Brief, (ABA 1997).

Booth, Mitchel & Strange, LLP Los Angeles, California

1994 -1997 Associate Attorney

• Personal responsibility for handling cases before Federal and State trial courts and courts of appeal;

drafting pleadings, arguing law and motion, assisting at trial, drafting appellate briefs and arguing

appeals

• Extensive client contact and counseling

• Practice Areas: general commercial litigation, surety litigation, insurance defense litigation,

appellate practice, bankruptcy, labor and employment

United States Attorney's Office, Centrai District of Caiifornia Los Angeies, Caiifornia

January 1995 - May 1995 (legal Intern)

• Legal research and writing on various criminal law issues

• Work with AUSAs and investigating agents on case development

Education

Pepperdine University School of Law Malibu, California

Juris Doctorate - May 1995

• Honors Trial Practice

• Research Fellow for Professor Gregory Ogden in Ethics and Remedies

University of California, Los Angeles Los Angeles, California

BA - Political Science - December 1991

• Dean's List-GPA3.4

• Political Science Department Teaching Assistant

INTERESTS Goif, Reading, Travel, Alpine Skiing, Computers, Martial Arts, Yoga, Cooking, and Supporting

Youth Sports

Admitted to the New Hampshire Bar, the Caiifornia Bar, and the District of Columbia Bar