Former Marsh Supermarket CEO Don Marsh was found guilty of fraud and breach of contract by the nine-member jury in Indianapolis Federal Court around 11 p.m. Friday.
He will be required to repay $2.2 million in personal expenses to the company that bears his family’s name.
Marsh Supermarkets, owned by Sun Capital Partners, did not receive the $1.6 million in expenses and penalties related to an IRS audit. No punitive damages were awarded. The total the company was asking for was $5.6 million, according to the Indianapolis Business Journal.
Federal Judge Sarah Evans Barker will rule separately whether the company can recover the $2.2 million in severance pay it had already paid to Marsh. The jury denied the countersuit by Don Marsh of the remainder of his $4.2 million severance pay.