District 11 state Senate candidate Daniel Hynes convicted of theft by extortion in 2008
Republican state Senate candidate Daniel Hynes was convicted of theft by extortion in 2008 for a scheme in which he threatened to sue at least 19 New Hampshire hair salons if they did not pay him up to two thousand dollars each.
In December 2006, just weeks after he was admitted to practice law in New Hampshire, Hynes wrote “cease and desist” letters to the salons accusing them of violating the law by charging men and women different prices for a haircut.
“I demand that you immediately cease your unlawful practice of charging for haircuts based on gender,” one letter read. “Should you not comply I will be forced to file a complaint with the State Commission for Human Rights while reserving all rights to remove and file in Superior Court.”
“In addition,” the letter continued, “I demand payment in the amount of $1000 in order to avoid litigation and a prompt resolution to this matter.”
The husband of one salon owner, Benjamin Nardi, contacted the attorney general’s office. In the resulting sting operation, Nardi agreed to pay Hynes $500 to settle the matter. An undercover investigator from the attorney general’s office accompanied Nadir to a meeting with Hynes, who was arrested when he accepted the $500 payment.
Hynes conceded he did not write the letters on behalf of a client but argued in court documents “the price structure that he saw as discriminatory had caused him stress and mental anguish, despite the fact that prices for men were less than those for women.” The Concord Monitor reported Hynes claimed the salon pricing denied him an “inherent benefit in being treated equally,” similar to the benefit he receives from a woman’s right to vote.
Hynes was convicted of theft by extortion on March 19, 2008. He was sentenced to twelve months in jail, all suspended on good behavior, and placed on probation for one year. The New Hampshire Supreme Court denied his appeal.
The Professional Conduct Committee of the Supreme Court reviewed Hynes’ conviction and recommended the court suspend his license to practice law for two years, with the second year of the suspension being stayed. The committee could have recommended disbarment but cited Hynes’ inexperience, remorse and cooperation as mitigating factors. The court accepted the committee’s recommendation. His license to practice law in New Hampshire was reinstated on November 19, 2009.
Hynes, who bills himself as “DWI Guy,” is running for the District 11 state Senate seat being vacated by Sen. Peter Bragdon (R-Milford). On his campaign website, Hynes includes an oblique reference to the episode. “As a civil rights crusader,” he writes, “Dan is willing to push the envelope to help people achieve equality, fairness, and justice, even when this advocacy harms his career.”