Federal judge OKs 38 Studios settlement

A federal judge in Providence, R.I., approved the Rhode Island Commerce Corp.'s settlement with the U.S. Securities and Exchange Commission over the state's failed $75 million deal with videogame company 38 Studios.

RICC, the state's economic development agency formerly known as the Rhode Island Economic Development Corp., will pay $50,000 under the deal, which U.S. District Judge John McConnell Jr. approved.

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Curt Schilling, former Red Sox pitcher and founder of 38 Studios LLC, unveils the new "Kingdoms of Amalur: Reckoning" video game during the Electronic Arts Inc. annual Studio Showcase in Redwood City, California, U.S., on Tuesday, July 20, 2010. Electronic Arts, the world's second-biggest video-game publisher, is in the middle of a market shift, moving away from its declining console business, which accounts for almost to-thirds of annual sales, and toward games that are played online. Photographer: Tony Avelar/Bloomberg *** Local Caption *** Curt Schilling
Tony Avelar/Bloomberg

RI Commerce admitted no wrongdoing related to the fiasco involving former major league baseball pitcher Curt Schilling's company.

The SEC charges revolve around $75 million of muni bonds that the agency privately placed – backed by the state's moral obligation – in November 2010 to help lure Schilling's company to downtown Providence from Maynard, Mass.

Revenues 38 Studios generated from a multi-player video game project code-named Project Copernicus was to repay the loan. The bond placement memo, though, did not tell to investors that 38 Studios needed at least $75 million to produce the game and even more money to relocate to Rhode Island.

The company folded in mid-2012, prompting then-Gov. Lincoln Chafee to file the lawsuit.

SEC litigation is ongoing against Wells Fargo and Peter Cannava, a Wells Fargo banker who the SEC alleges aided in the fraud of investors.

Commerce Corp. received $61 million in overall settlements. State court settlements included those with Schilling, Wells Fargo, Hilltop Securities (formerly First Southwest), former EDC executives Keith Stokes and James Michael Saul.

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