Fox subpoenaed for documents in 38 Studios lawsuit

Rhode Island Speaker of the House Gordon Fox holds the gavel in the House Chamber of the State House, in Providence, Tuesday, July 2, 2013.

Former House Speaker Gordon Fox has been subpoenaed in the 38 Studios lawsuit for records related to his involvement in the loan guarantee program under which the company got a $75 million state-backed loan.

Wells Fargo Securities in March subpoenaed the Providence Democrat for a wide range of documents connected to ex-Red Sox pitcher Curt Schilling's failed video game company and efforts to lure the startup to Rhode Island from Massachusetts.

The subpoena seeks documents related to the 2010 legislation that created the loan guarantee program under which 38 Studios got the funding, including Fox's efforts to "increase the amount of funds available" and secure the bill's passage, according to a copy.

Wells Fargo is also seeking records detailing any communications Fox had with Schilling or visits he made to 38 Studios' Massachusetts office; communications about 38 Studios with former Gov. Donald Carcieri, who set the deal in motion; meetings or conversations with attorney Michael Corso, who had a consulting agreement with 38 Studios; and 38 Studios' efforts to secure additional financing or tax credits from 2010 to 2012.

Fox resigned as speaker in March shortly after federal and state authorities carried out raids on his State House office and his Providence home as part of a criminal probe. Authorities have declined to comment on the investigation.

On Wednesday, Fox would not comment about the subpoena.

"Everything's in the lawyer's hands," he said at the State House.

Albin Moser, an attorney for Fox, has moved to quash the subpoena. In an April filing in Superior Court, the lawyer said he doesn't know the scope of the probe or what authorities were looking for when they executed search warrants on Fox's home and office. Moser cited Fox's constitutional protections against self-incrimination and illegal search and seizure.

Judge Michael Silverstein, who is hearing the case, will consider the request May 15, according to court spokesman Craig Berke.

The state's economic development agency, then known as the Economic Development Corp., sued Wells Fargo, Schilling and some of its own former employees in 2012 several months after 38 Studios collapsed, saying the EDC board was misled into approving the loan guarantee. The defendants deny the charges.

The state remains responsible for some $87 million related to the transaction, which was financed through bonds.

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