Marcus Luna, Nathan Montgomery, Adam Daskivich, David Murtha, St. Paul Venture Fund LLC, Minnesota Venture Capital, Inc., Real Estate of Minnesota, Inc., Matrix Venture Capital, Inc.


U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 23035 / June 30, 2014

Securities and Exchange Commission v. Marcus Luna, Nathan Montgomery, Adam Daskivich, David Murtha, St. Paul Venture Fund LLC, Minnesota Venture Capital, Inc., Real Estate of Minnesota, Inc., Matrix Venture Capital, Inc., Civil Action No. 10-CV-02166, USDC NV

Court Imposes Legal Services Bar Against Attorney, and Penny Stock Bars and Significant Monetary Relief Against All Defendants

On June 27, 2014, the U.S. District Court of Nevada issued an order imposing sanctions against an attorney, Marcus Luna, three other individuals - Nathan Montgomery, Adam Daskivich, and David Murtha - and their businesses for their roles in a multi-million dollar scheme to sell shares of Axis Technologies Group, Inc. stock in a public distribution without registration with the Commission. The Court's order:

  • Prohibits Luna from providing legal services to anyone in connection with the offer or sales of securities pursuant to, or claiming, an exemption under Regulation D.
  • Bars Luna, Montgomery, Daskivich and Murtha from participating in any offering of penny stocks.
  • Imposes disgorgement and prejudgment interest against:
    • Luna and St. Paul Venture Fund: $4.98 million
    • Montgomery and Minnesota Venture Capital: $2.51 million
    • Daskivich and Real Estate of Minnesota: $3.49 million
    • Murtha and Matrix Venture Capital: $1.72 million
    • Luna: joint and severally with other defendants: $2.39 million.
  • Imposes civil penalties against:
    • Luna and St. Paul Venture Fund: $2.03 million
    • Montgomery and Minnesota Venture Capital: $1.97 million
    • Daskivich and Real Estate of Minnesota: $2.73 million
    • Murtha and Matrix Venture Capital: $1.37 million

The court also denied the SEC's request for permanent injunctions for violations of the registration and fraud provisions of the federal securities laws, holding that the legal services and penny stock bars are sufficient.

The court previously granted the SEC's Motion for Summary Judgment on February 26, 2014, finding no genuine issues of material fact remained that the defendants each violated Section 5 of the Securities Act, and that Luna violated Sections 17(a)(1), (2), and (3) of the Securities Act, Section10(b) of the Exchange Act, and Rule 10b-5. The court then ordered the parties to further brief the issue of what remedies were appropriate given defendants' violations.

The Commission acknowledges the assistance of the Financial Industry Regulatory Authority.

This matter was litigated on behalf of the SEC by Anne Blazek and Timothy Leiman.

For further information, see Release No. 21779 / December 15, 2010.