A Newport Beach couple facing dozens of felony charges related to an alleged $2-million theft from a neighbor near their second home in the Montecito area is facing new allegations that they stole their $5-million home from an elderly relative.
On top of the 68 charges filed against Bryon and Vonna Tarnutzer in March, prosecutors filed 17 more last week with a handful of enhancements, including conspiracy, theft, embezzlement, mortgage fraud and a false affidavit.
Per court documents, prosecutors allege Byron Tarnutzer transferred ownership of a $5-million Ogan Road property in the Montecito area from a trust co-operated by his mother, Nancy Tarnutzer, into his and Vonna’s names between 2019 and 2020.
Prosecutors say Byron Tarnutzer indicated in a certificate of trust that he was the sole acting trustee of the trust that owned the property, which they say was false; his mother was the other trustee.
Nancy Tarnutzer passed away in March.
Per court documents, she discovered the alleged theft last year, and she told an investigator before she died that she didn’t authorize the transfer of the home into Byron and Vonna’s names.
Her signature is also not on the deed, per court documents.
Both Byron and Vonna allegedly signed the mortgage papers indicating they owned the home, per court documents.
The couple continues to profit from the alleged home theft by renting out the property for more than $25,000 a month, prosecutors say.
The couple appeared in court on Friday to discuss both cases.
Prosecutor Brian Cota said in court that the couple has reportedly not made mortgage payments on their two multi-million-dollar homes in Newport Beach and Montecito since May, despite having more than $480,000 in assets available to them in a previously undisclosed account.
Most of their other assets have been frozen under a March ruling from Superior Court Judge Teresa Martinez.
Judge Pauline Maxwell said on Friday she wanted a receiver appointed to the case to assess the Tarnutzers’ assets.
All parties are due back in court next week.
Vonna Tarnutzer’s lawyer, Addison Steele, told Noozhawk he “would like to comment on the new case” but pointed to a gag order in place for the first case filed in March.
“Although there’s not a gag order in the second case, I believe that commenting on the new case would violate the spirit of the gag order in the old case,” he added.
Jessica Talavera, a lawyer for Byron Tarnutzer, said she is “unable to comment on pending cases.”
The Tarnutzers are out of jail custody on bail. They have been ordered to stay away from all parties linked to the original case filed in March, as well as several family members connected to the second round of allegations.
They entered not guilty pleas to the charges alleged in the first case. They are accused of fraud, money laundering, forgery, grand theft and conspiracy in connection with a theft of $2 million from a local woman, Mystica Fleury.
They allegedly convinced her to purchase the home next to theirs and pay them money for remodeling the property, which they did not do. They are also accused of soliciting a $1.75- million promissory note from her for a “fraudulent investment pitch.”
Court documents show no pleas have been entered yet for the second round of charges as of Friday.

