PROVIDENCE, R.I. -- A federal judge on Friday refused to dismiss a U.S. Securities and Exchange Commission lawsuit that accuses Wells Fargo Securities of defrauding investors in Rhode Islands failed $75 million deal with 38 Studios, the video game company started by former Red Sox pitcher Curt Schilling.U.S. District Judge Jack McConnell on Friday did agree to dismiss a Wells Fargo banker from the complaint, but the SEC immediately said it would refile the lawsuit against him and address the judges concerns about how the complaint was worded.Also on Friday, court records in a separate lawsuit in state court showed that five current and former state officials have been subpoenaed to testify at trial, including former House Speaker William Murphy, and Amy Kempe, a spokeswoman for Attorney General Peter Kilmartin. That civil trial is scheduled to start in October.The SEC sued Wells Fargo and Rhode Islands economic development agency in March. It accuses them of making materially misleading statements when they sold the bonds used to fund the deal.The SEC says they failed to disclose that 38 Studios needed at least $75 million but would receive only $50 million of proceeds from the bond offering, leaving a $25 million gap. It also alleges that Wells Fargo was receiving substantial fees for representing 38 Studios while also representing the state agency as bond placement agent and failed to disclose them, a potential conflict of interest.Schilling moved his company from Massachusetts to Rhode Island in 2010, after the agency agreed to give it a $75 million loan guarantee. The deal was financed through bonds offered to investors. Less than two years later, 38 Studios ran out of money and filed for bankruptcy.During a hearing Friday on motions to dismiss filed by Wells Fargo and banker Peter Cannava, Wells Fargo argued that no investors have been harmed because all the bondholders have been paid to date.The companys lawyer, Luke Cadigan, said 38 Studios failure in 2012 had started a process of finger-pointing and Monday morning quarterbacking, and pointed out that the U.S. attorney, FBI, state police and attorney general had all lked at the deal and found no criminal conduct.No investors were harmed, no investors were misled, Cadigan said.He said the investors who bought to binds were sophisticated, institutional investors who knew the risks.Cannavas lawyer said his clients life has been turned upside down by the lawsuit.Hes a 30 year-old banker who now finds himself thrown into this fiasco because he was one of many people, involved in the deal, lawyer Brian Kelly said, adding, No doubt the Rhode Island investors got a bad deal here, but thats not Mr. Cannavas fault.The SEC argued it was irrelevant that bondholders have been paid and said their level of sophistication did not matter. SEC lawyer Kathleen Burdette Shields called it a simple and straightforward fraud. She said a bank acts through its employees, and Cannava knew there was a funding gap of $25 million.The judge said the SECs action against Cannava failed to sufficiently show that he acted knowingly or recklessly in the matter. Shields said outside court she would file an amended complaint to address those concerns.While the Rhode Island Commerce Corp. is also named in the SEC lawsuit, it has not made a similar request for a dismissal.In the state court matter, subpoenas filed in state Superior Court showed that Murphy, Kempe and former state budget officer Rosemary Bth Gallogly were subpoenaed last month by a lawyer for First Southwest, which was the financial adviser for economic development agency on the deal.The economic development agency is suing First Southwest and several others, including Schilling and Wells Fargo. That lawsuit has so far resulted in nearly $17 million in settlements. It is scheduled to go to trial in the fall.Murphy, a Democrat, was speaker shortly before the deal came together. His successor, Gordon Fox, is currently in federal prison on unrelated corruption charges.Kempe, at the time, was a spokeswoman for former Gov. Don Carcieri, a Republican who pushed for the deal. Documents released from the lawsuit last year showed that Kempe directed agency staff to call in to radio shows to sell the deal amid harsh public criticism. She ended one email with the line In Schilling we trust!Kempe has said she was just doing her job.One current member of the agencys board, Rhode Island AFL-CIO President George Nee, and a former member, Daniel Sullivan, have also been subpoenaed.Kempe said it is no surprise she was subpoenaed because she was already deposed in the lawsuit. She said Kilmartin had no comment.The other current and former officials and lawyers in the case did not immediately return phone and email messages seeking comment. 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He may be still smarting from being on the wrong end of an accident that sabotaged his Bathurst hopes.But Holdens Garth Tander still had no sympathy for Fabian Coulthard after the Ford star came off second best in their spectacular 265kph crash in the Gold Coast 600 opener on Saturday.Former Supercars champion Tander copped a drive through penalty and a 10 spot grid penalty for Sundays final 300km race for his role in the controversial Gold Coast incident.Yet Tander would have been forgiven for cutting Coulthard some slack while still reeling from his own Bathurst misfortune.Tander admitted he may never get his head around the now infamous lap 150 Mount Panorama drama with Jamie Whincup and Scott McLaughlin that left his Bathurst hopes in tatters.I dont know if you fully get over those sorts of things, Tander told AAP.However, the Holden veteran could not empathise with Coulthard who admitted he was fortunate to walk away after his Falcon was all but written off in their late Gold Coast tangle while vying for fifth spot.He practically tk himself out across the front of myy car, Tander said.ddddddddddddTold of his hefty penalty, Tander said: Youre kidding?We probably need to go have a hearing and have a chat about that.Coulthards DJR Team Penske team were working through Saturday night in a bid to have his Falcon ready for Sundays final 300km race on the tourist strip.Asked about the incident, Kiwi star Coulthard said he expected more from an experienced driver like Tander.It was just unnecesnull Buy Cheap Jordans Online Real . 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Radwanska, making her debut in the Seoul tournament, hit eight aces in a match that lasted 1 hour, 4 minutes at Olympic Park tennis stadium. "It was definitely a very gd match -- I was playing really gd tennis," Radwanska said.Mark Hughes has conceded Stoke may struggle to attract top players to the Britannia Stadium in the summer if they are rivalled in their pursuits by Tottenham. Stoke host title-chasing Tottenham on Monday Night Ftball - live on Sky Sports 1 HD from 7pm - aiming to bst their chances of securing European ftball for next season. The Potters have twice broken their transfer record in the previous eight months, with the £18.3m addition of Giannelli Imbula in January usurping the £12m laid out for Xherdan Shaqiri last August. Stoke also had a £21m bid for Saido Berahino rejected by West Bromwich Albion in January, a player Spurs unsuccessfully attempted to lure to White Hart Lane last summer. Giannelli Imbula has impressed in the Premier League since joining Stoke from Porto in January Reports in Mondays national newspapers suggest both clubs will revive their interest in Berahino in the summer and Hughes hass admitted that Stoke will find it hard to convince a player to join them if Spurs are also interested.dddddddddddd By all accounts, Spurs will always have an interest in quite a few players we are interested in, the Stoke manager said.There are players out there who you express an interest in - but because they are gd players, there will always be other teams involved. Xherdan Shaqiri has scored three times in 29 appearances during his debut season for Stoke. If were being realistic, if a player has a choice of Spurs or Stoke, then we could pitch up and make a gd case for them to come here.But they may feel Spurs is a more attractive option and we have to accept that. 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