A key adviser to former Gov. Don Carcieri allegedly had reservations about the 38 Studios deal before it was complete.
The details emerged in Superior Court on Friday during the civil case to recoup Rhode Island's lost investment.
Thomas Holt, an attorney for Wells Fargo, one of 14 defendants in the case, mentioned a chain of emails that were exchanged between a Carcieri cabinet member and the then-governor's staff.
Rosemary Booth Gallogly was director of the state's Department of Administration in 2010 and a close advisor to the governor, eventually becoming director of the Department of Revenue.
Holt said Gallogly sent several emails to Carcieri through his chief of staff and assistant chief of staff in July of 2010 months before the 38 Studios deal was complete. She allegedly asked for the company's business plan, a report of an independent adviser and wrote she had "serious concerns."
The emails show someone inside the governor's circle and a key financial adviser had reservations about 38 Studios.
The state's former Economic Development Corp. is suing former Boston Red Sox pitcher Curt Schilling and the other defendants for being misled on the solvency of the company. The nature of the lawsuit is trying to examine who knew what and when they knew it.