Thomas Mauriello Obtains $340,000 Court Judgment Following Trial on Unregistered Securities

Following a bench trial in July 2019, Judge Frederick Horn of the Orange County Superior Court on August 29 issued a judgment in favor of Mauriello Law Firm clients Troy and Robin Suntheimer against Monarch Capital Investment Fund, Monarch Capital Investment Group, and their principal, Timothy Peabody. The Judgment was for $340,000 and included an award of attorneys’ fees. Thomas Mauriello tried the case along with co-counsel David Liebrader of The Law Office of David Liebrader, Inc. in Las Vegas.

The Plaintiffs are a retired Navy couple who reside in Virginia. The case involved a series of promissory notes that were sold to the Suntheimers by Monarch Capital Investment Fund, which based in Orange County, California. Defendants had made representations suggesting that the Monarch Capital Investment Fund invested the funds in real estate owned by it. The notes were never repaid and the actual use of the Suntheimers’ funds was not ascertained.

The Court determined that the notes were “securities” and found Defendants liable for selling unregistered, non-exempt securities pursuant to California Corporations Code Sec. 25110 and 25503. The Court also determined that the individual Defendant was a “control person” of Monarch Capital Investment Fund.

Mauriello Law Firm assists investors in recovering losses due to fraud, unsuitable investments, unregistered securities and other wrongdoing by securities issuers, investment advisors, and stockbrokerage firms. If you have an investment loss that you believe may have been caused by improper or illegal conduct, we would be happy to discuss your potential case with a free consultation.