IN THE DISTRICT COURT OF OKLAHOMA COUNTY
STATE OF OKLAHOMA
STEPHEN PESTINGER, an individual,
KIFFANY PESTINGER, an individual
Plaintiffs,
vs.
MATTHEW VEAZEY, an individual,
MVZ HOLDINGS, LLC, a Texas limited liability company
Defendants.
PETITION
COMES NOW the Plaintiffs, STEPHEN PESTINGER, and KIFFANY PESTINGER, and for their claims against the Defendants, MATTHEW VEAZEY and MVZ HOLDINGS, LLC hereby alleges and states the following:
1. Plaintiffs, Stephen Pestinger and Kiffany Pestinger, (Pestingers) are a married couple residing in Canadian County, State of Oklahoma.
2. Defendant, Matthew Veazey, ("Matt") is an individual residing in Oklahoma County, State of Oklahoma.
3. MVZ HOLDINGS LLC is an inactive Texas limited liability company that upon information and belief has never been registered to conduct business in Oklahoma. However, MVZ HOLDINGS LLC has, for at least the last year, regularly conducted business in the state of Oklahoma.
4. The events giving rise to this lawsuit occurred in Oklahoma County, State of Oklahoma.
5. On or about April 6, 2024, Matthew Veazey made contact with Stephen Pestinger at a party describing a small, close-knit group of friends who regularly invest together in private investments and included former NFL players Sam Bradford and Matt Ryan. Matthew Veazey invited Stephen Pestinger to potentially join the investment group through a pending opportunity to invest in two energy companies he had access and knowledge about during his previous employment with Stronghold Resources Partners and through his friend Stephen Thomas, founder of Webs Creek Capital. Matt advised Stephen that former NFL player Sam Bradford was personally investing (which was false) and the investments were going to make a lot of money. Matt suggested Stephen Pestinger could invest $150,000 to start and told him future investment opportunities would come. Veazey, further on this day, invited Stephen to a future golfing outing with Bradford, Ryan and Thomas in Las Vegas. On the next day, Matt contacted Stephen Pestinger in text messages about the investment. Matt advised that the names of the companies were “ENDURANCE AND YUKON” and advised that the money had already been raised but he advised Stephen that he would make a special concession by offering to carve out and sell a percentage of his equity and ownership in Yukon and Endurance Lift Solutions to Stephen. Also, on this day, Matt asked Stephen if he could up his investment to $200,000 to make the math easier. Matt also provided private placement memorandums describing each investment and advised that MVZ Holdings, LLC is the investment entity owning controlling interest in Endurance and Yukon Exclusively.
6. Matt advised Stephen in more detail about Endurance and Yukon saying it would be a sweetheart deal structure because they would be a Limited Partner but no management fee would be charged on the investment and we were also receiving a 10% portion of the carried
interest in both investments which provides more upside potential for greater returns. Matt advised Stephen that he should expect distributions in 18 months, which never happened. Matt continued to validate the investment opportunity during this period by saying Yukon was a deal he personally put together right before leaving Stronghold Resource Partners and Leon Copperman (a well known hedge fund manager and billionaire) is invested in it and Endurance is run by his good friend Stephen Thomas of Webs Creek Capital along with Ken Hersh’s family office assuring everyone was legit and Stephen would get to meet all these people.
7. On April 9, 2025, Matt provided Stephen with alleged wire confirmations dated April 8, 2024 showing $1,000,000 was wired from MVZ Holdings, LLC to WCC Endurance via Chase Bank and 1,000,000 was wired from MVZ Holdings, LLC to Yukon GP, LLC via Chase Bank. Matt further advised Stephen that he and Sam Bradford had each invested $1,000,000 into Yukon and Endurance and ownership was going to be through MVZ Holdings, LLC and they shared ownership in the two investments 50/50. The wire confirmations provided by Matt ultimately proved too be false and metadata confirms that Matt altered the Chase Bank wire confirmations via Microsoft Power Point.
8. On April 11, 2024, Matt and Stephen executed an Assignment and Assumption agreement for Stephen to pay $200,000 for 10% ownership in MVZ Holdings, LLC which had done the investments in Yukon and Endurance. The investment was presented to Stephen to be a 50/50 ownership of Yukon and Endurance. Mr. Pestinger wired $200,000 to Matt on that day to satisfy the agreement.
9. On June 20, 2024 Matt texted Stephen saying the investments known as Yukon and Endurance were overfunded by the largest investor and the investor was selling their ownership at
a 40% discount to comply with fund rules. Matt advised Stephen that this was good news and for $50,000 Stephen could substantially improve his stake in MVZ Holdings, LLC. Matt advised Stephen that Yukon and Endurance investments were crushing it and he could expect his first distribution before year end which would likely be equal to $50,000. Based upon that representation Stephen wired $50,000 to Vezae y on June 21, 2024
10. All funds referenced in this petition that were paid by Stephen Pestinger to the defendants, Matt Veazey and/or MVZ Holdings, LLC, were joint marital funds of both plaintiffs.
11. As it turns out, all the alleged investments in the alleged companies by Matt were fake and all monies wired to Matt for these investments by Stephen was placed in Matt’s personal bank account and used to fund he and his family’s lavish lifestyle.
12. During the periods above referenced and periods beyond Plaintiff Matt’s bank statements establish that Matt and his spouse, Jessica, utilized plaintiffs funds to support their lavish lifestyle including, but not specifically limited to: (i) all mortgage and related housing and utility expenses for their home in Gaillardia; (ii) multiple car payments totaling nearly $10,000 a month; (iii) payments to Crossings Christian School; (iv) gymnastics lessons for their children; (v) payments for groceries and all other living expenses; (vi) consistent purchasers of a wide range of personal property; and (v) the payment of all credit cards utilized by Matt and Jessica which on certain months exceeded $50,000 per month.
13. Matt and Jessica have utilized over $1,000,000 for their personal use in the last 12 months, a lot of which has been stolen from plaintiffs, to fund their lavish lifestyle. Plaintiff’s investment funds and other funds allegedly improperly taken from other persons, appears to be the sole source of funds/income for the Veazeys during this time period.
14. Now that the misuse has been discovered, Matt has attempted to quick sale his home to a commercial home buyer and is actively trying to sell all of the home furnishings and other assets purchased with plaintiff’s money. In an attempt to avoid suspicion, Matt’s father-in-law, Steve Tate, posted Facebook advertisements offering to sell everything in the Veazey’s home. Large trucks have been seen loading up household items and leaving from the Veazey’s home.
FIRST CAUSE OF ACTION
Breach of Contract
[Matt Veazey and MVZ Holdings LLC]
15. Defendants Matt Veazey and MVZ Holdings LLC breached the agreement by failing to invest the funds from Plaintiffs in the specified entities as agreed.
16. Defendants Matt Veazey and MVZ Holdings LLC breached the agreement by spending the funds invested by Plaintiffs for Matt’s personal/family expenses.
17. Defendants Matt Veazey and MVZ Holdings LLC breached the implied covenant of good faith and fair dealing by failing to invest the funds as agreed, and by intentionally directing Plaintiff to wire funds directly to Matt’s personal account:.
18. Defendants Matt Veazey and MVZ Holdings LLC breached their agreement with Plaintiff by acting in derogation of Plaintiff’s rights, privileges and benefits as an owner and member, including, without limitation, utilizing company funds for their own use and benefit, utilizing various company property and funds for non-company purposes.
19. Plaintiffs, have been damaged as a result of these acts and omissions.
SECOND CAUSE OF ACTION
Fraud in the Inducement
[Matt Veazey and MVZ Holdings LLC]
20. Defendants Matt Veazey and MVZ Holdings LLC represented to the Plaintiffs
specific investments that would be made using funds invested by Plaintiffs.
21. Defendants Matt Veazey and MVZ Holdings LLC’s were material misrepresentations which said Defendants Matt Veazey and MVZ Holdings LLC made to Plaintiffs while knowing such representations were false and fraudulent.
22. Defendants Matt Veazey and MVZ Holdings LLC made the material misrepresentations or omissions with the intention that Plaintiffs act upon them by wiring significant funds to Matt/MVZ.
23. Plaintiffs reasonably relied on the false and fraudulent statements made by Defendants Matt Veazey and MVZ Holdings LLC as set forth above.
24. As a result of Defendants Matt Veazey and MVZ Holdings LLC’s fraudulent conduct and fraud in the inducement as it relates to the various investments, Plaintiffs have suffered damages.
THIRD CAUSE OF ACTION
Fraud
[Matt Veazey and MVZ Holdings LLC]
25. Defendants Matt Veazey and MVZ Holdings LLC represented to Plaintiffs that they had various specific investment opportunities that Plaintiffs could invest in, including Endurance and Yukon.
26. Defendants Matt Veazey and MVZ Holdings LLC represented to Plaintiffs that all funds that Plaintiffs wired to Defendants Matt Veazey and/or MVZ Holdings LLC were being invested in these various specific investments.
27. Upon information and belief, Defendants Matt Veazey and MVZ Holdings LLC have failed to invest any of the funds from Plaintiffs in these various specific investments.
28. Upon information and belief, Defendants Matt Veazey and/or MVZ Holdings LLC have used these monies for their own personal use and benefit, and other unauthorized purposes.
29. Defendants Matt Veazey and MVZ Holdings LLC knew such representations regarding the various investments were material and false when made, and expected Plaintiffs to rely on the representations when made.
30. Plaintiffs reasonably relied on the false and fraudulent statements made by Defendants Matt Veazey and MVZ Holdings LLC as set forth above.
31. As a result of Defendants Matt Veazey and MVZ Holdings LLC’s fraudulent conduct, Plaintiff’s has been damaged.
FOURTH CAUSE OF ACTION
Conversion/Thing in Action
[Matt Veazey and MVZ Holdings LLC]
32. Defendants Matt Veazey and MVZ Holdings, LLC improperly spent funds wired from Plaintiffs, that were designated for various specific investments, for Matts personal and family expenses.
33. Defendants Matt Veazey and MVZ Holdings LLC have transferred control of funds intended for investment through MVZ to Matt and Jessica
34. Defendants Matt Veazey and MVZ Holdings LLC have utilized funds and assets transferred to said Defendants for their own use and benefit without color of authority.
35. Defendants Matt Veazey and MVZ Holdings LLC’s actions, control and use of the above and foregoing are intentional, malicious and willful and have caused and continue to cause direct and proximate injury to Plaintiffs and resulting damages.
FIFTH CAUSE OF ACTION
Fiduciary Duty
[Matt Veazey and MVZ Holdings LLC]
36. Defendants Matt Veazey and MVZ Holdings LLC, owe fiduciary duties to Plaintiffs.
37. The fiduciary duties include, without limitation: the duty of due care and diligence in the management and administration of the affairs of MVZ Holdings LLC, its property and assets; to avoid self-dealing or unauthorized use of company funds, property and assets; the duty of good faith and loyalty; the duty of full disclosure of material facts relating the management, operations and administration of the businesses, including, but not limited to the duty to comply with Oklahoma and federal laws, statutes, rules and regulations relating to each business entity and their financial affairs; and the duty to not misuse their power or control of company assets for their own benefit and to the detriment of the Plaintiff.
38. Defendants Matt Veazey and MVZ Holdings LLC have each breached their fiduciary duties of care, loyalty and good faith to Plaintiffs by virtue of the following non-exclusive list of actions and omissions: (a) intentional and bad faith breach of the agreement; (b) financial improprieties and use of company assets for unauthorized purposes; (c) conversion of property of Plaintiffs; (d) utilizing assets and funds of Plaintiffs for their own use and benefit; (e) committing or attempting to commit illegal business acts relating to the Plaintiffs, their assets and business.
39. Defendants Matt Veazey and MVZ Holdings LLC’s breach of said fiduciary duties is specific and particular to Plaintiffs and has caused and continues to cause direct and proximate injury to Plaintiffs and resulting damages.
SIXTH CAUSE OF ACTION
Imposition of Constructive Trust and Accounting
[All Defendants]
40. One or more of the Defendants have failed to invest the funds provided by Plaintiffs into the various investments, as required under the agreement between Matt and Plaintiffs
41. Defendant Matt Veazey, as Manager and/or member of MVZ, and in his position of control of the funds of MVZ and Plaintiffs, has used his position, official or unofficial capacity, or membership to further his own personal interests as opposed to the interest of MVZ or Plaintiffs.
42. As a result, Plaintiffs are suffering and threatened with irreparable injury.
43. Plaintiff's requests this Court to grant such relief as is necessary to trace, impose a constructive trust and recover funds or assets that have been improperly converted, wasted and misused by Defendants Matt Veazey and MVZ Holdings LLC; and create a constructive trust on all those assets improperly transferred or otherwise developed or improved through the use of such funds.
44. Plaintiffs additionally requests that this Court order an impartial and disinterested accounting of the books and financial records of Defendants Matt Veazey and MVZ Holdings LLC.
45. Further, Plaintiffs requests this Court to grant such relief as is necessary to trace, impose a constructive trust and recover funds or assets that the remaining Defendants received from MVZ or Matt Veazey since January 15, 2025, and create a constructive trust on all those assets improperly transferred or otherwise developed or improved through the use of such funds.
SEVENTH CAUSE OF ACTION
Unjust Enrichment
[Matt Veazey and MVZ Holdings LLC]
46. At the expense of Plaintiff, Defendants Matt Veazey and MVZ Holdings LLC have been unjustly enriched by failing to follow the express terms of the agreement and failing to invest funds remitted by Plaintiffs into the various specific investments.
47. Additionally, the Defendants Matt Veazey and MVZ Holdings LLC have been and will continue to be unjustly enriched by their wrongful conduct and breach of fiduciary duties to the detriment of Plaintiffs, including, but not limited, the improper use of funds invested by Plaintiffs and for other unknown purposes which improperly benefits Defendants Matt Veazey and MVZ Holdings LLC.
48. As a direct and proximate result of Defendants’ actions, the Plaintiffs have suffered direct and proximate injury to Plaintiff and resulting in damages.
PUNITIVE AND EXEMPLARY DAMAGE
Defendants Matt Veazey and MVZ Holdings LLC conduct has resulted in Plaintiff’s injuries, losses and damages and were intentional, malicious, and/or willful, and in total disregard for Plaintiff’s rights. Such misconduct supports an award of exemplary damages against Defendants Matt Veazey and MVZ Holdings LLC for sake of example and by way of punishing Plaintiffs.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs Stephen and Kiffany Pestinger pray for judgment based on the following forms of relief which are pled cumulatively and alternatively:
(I) Actual damages against Defendants Matt Veazey and MVZ Holdings LLC in an amount in excess of $75,000, exclusive of costs and interest; pre and post-judgment interest as allowed by law;
(II) Punitive Damages against Defendants Matt Veazey and MVZ Holdings LLC in an amount to be determined by the trier of fact;
(III) Imposition of a constructive trust and/or equitable lien on the monies, savings, profits, property and benefits received by Defendants Matt Veazey and MVZ Holdings LLC or otherwise controlled by Defendants Matt Veazey and MVZ Holdings LLC through their control of any trust or business entity Defendants; authorize such relief as is necessary to trace, impose a constructive trust and recover funds, assets and benefits which were utilized, dissipated, improperly distributed and misused by the Defendants Matt Veazey and MVZ Holdings LLC; and authorize such relief against all of the Defendants as is necessary to trace, impose a constructive trust and recover assets or proceeds which rightfully belong to Plaintiffs;
(IV) Judicial or equitable accounting of the books and financial records of Defendants Matt Veazey and MVZ Holdings LLC and all other Defendants who received any benefit from the funds plaintiffs paid to Defendants Matt Veazey and MVZ Holdings LLC;
(V) Award Plaintiff his reasonable attorneys’ fees and costs
(VI) Such other relief as this Court deems just and equitable.
RESPECTFULLY SUBMITTED
JACK D. MCCURDY II OBA#10099
14800 NW 36TH ST
Yukon, OK 73099
(405) 550-7545
[email protected]
VERIFICATON
STATE OF OKLAHOMA )
) SS.
COUNTY OF OKLAHOMA )
Comes Now, Stephen Pestinger and Kiffany Pestinger, on oath states that we are the Plaintiffs in this action, that we have read the foregoing Petition, and that upon information and belief, its contents and matters set out herein are true in substance and in fact.
Stephen Pestinger
Kiffany Pestinger
Subscribed and sworn to before me this 10th day of February, 2026.
TORI HARVEY
Notary Public, State of Oklahoma
Commission #25013949
My Commission Expires 12-08-2029
My Commission Expires:
12/8/2029
Notary Public
