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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 looked 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 Booth 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. Air Force 1 Basse Homme . Tests earlier this week revealed a Grade 2 left hamstring strain for Sabathia, who was hurt in last Fridays start against San Francisco. Its an injury that will require about eight weeks to heal. He finished a disappointing campaign just 14-13 with a career-worst 4. Air Force 1 Low Femme Pas Cher . P.A. Parenteau scored early in the third period to help the Avs edge Toronto 2-1 on Tuesday night. Cory Sarich also scored for Colorado (3-0-0), which is off to its best ever start. http://www.siteairforce1pascher.fr/air-force-1-low-soldes/basket-basse-homme.html . This should be celebrated because it will not always be this way. With the amount of money given to players by their clubs these days, it is a wonder that so many of those teams allow the sport to continue to take away many of their assets so they can play for a different team in the middle of their season. Air Force 1 07 Pas Cher . The next step is a better finish. Bae played bogey-free Friday on another gorgeous day at Riviera for a 5-under 66, giving him a one-shot lead over Aaron Baddeley and Robert Garrigus going into the weekend. Air Force 1 France . Halladay signed a one-day contract with the Toronto Blue Jays on Monday that allowed the veteran right-hander to retire as a member of team with which he broke into the majors and spent the bulk of his distinguished 16-year career. RIO DE JANEIRO -- The planning committee responsible for Friday nights opening ceremony for the 2016 Rio Summer Olympics held a long, detailed, occasionally hilarious news conference Thursday to detail what fans can expect from what is traditionally one of the most anticipated, spectacular moments of the Games. Among the things they said:1. The committee members laughed and denied a reporters question about whether they were pressured after rehearsals Sunday night to scratch a comedy sketch in which Brazilian-born supermodel Gisele Bundchen (wife of New England quarterback Tom Brady) was/wasnt involved in a Girl from Ipanema bit in which she was/wasnt mugged on the beach? (Muggings are a serious problem in Rio.) They said such a sketch was never planned.2. The committee refused to say how deep the opening ceremony budget cuts went, or even what the final cost ended up being. But Daniela Thomas, one planner, did say the cancellation of promised renovations to Maracana Stadium forced them to MacGyver their way through planning -- a surprise reference to the American TV show that drew laughter. (The Urban Slang dictionary says MacGyvering is when you take something and make it something it shouldnt be, but it almost works perfect. This is not a sacrifice, Thomas quickly added. MacGyvering rocks! Thomas did seem to contradict herself moments later, however, when she described how the planners studied the more exorbitantly funded efforts of previous opening ceremonies in Athens, Beijing and London. My colleagues and I, we cried. In fear, Thomas joked.3. The committee members said they couldd not corroborate Brazilian soccer great Peles claim in published reports that he will light the Olympic cauldron.dddddddddddd But several stressed they certainly didnt want to call the great Pele a liar either.4. Dame Judi Dench will be the only non-Brazilian performing in the ceremony. She agreed to film the reading of a poem along with Brazilian actress Fernanda Montenegro, who will attend in person. The two actresses and other notable entertainment figures such as musician Gilberto Gil will all perform pro bono.5. Because of limitations to the budget and Maracana Stadium, which has no track oval rimming the field and entry doors that are only two meters high, the ceremony will feature no floats from Rios famous Carnival. Organizers said plans for a four-meter high stage were also slashed because it would eliminate too many good (read: expensive) seats. So organizers couldnt plan any hydraulic machinery or aerial displays as part of the show. They confessed they also bought some of the inexpensive shoes and 50,000 yards of fabric the performers will wear at a cut-rate supplier in Rio. But they insisted they are still wildly enthusiastic about what theyve devised for the expected TV audience of 3.5 billion and 50,000 spectators and athletes who will sardine into the stadium Friday night. Beijings opening ceremony was muscular, London was smart, ours is going to be cool, promised Brazilian film director Fernando Meirelles, whose credits include City of God. ' ' '