Rhode Island sues Curt Schilling over 38 Studios

State's legal team files suit against Schilling, other architects of controversial $75 million loan to bring Amalur studio to state.

38 Studios may be off the hook for federal charges, but the state of Rhode Island is only just beginning its legal action against the company. The Rhode Island Economic Development Corporation (RIEDC) has filed a suit in Rhode Island superior court against some of the architects behind the controversial 2010 $75 million loan that brought 38 Studios to the Ocean State.

Defendants include 38 Studios founder and former Major League Baseball pitcher Curt Schilling and former company CEO Jennifer Maclean, as well as banks Wells Fargo and Barclays Capital, among numerous others. The entire 97-page complaint was posted to the RIEDC website.

Accompanying the suit was a video message (embedded below) from Rhode Island governor Lincoln Chafee. In the two-and-a-half-minute address, Chafee reiterated that the original $75 million loan did not sit well with him, and that his primary goal is to protect taxpayer money.

To this end, Chafee brought on attorney Max Wistow to examine 38 Studios with respect to the state's position. In an executive session of the RIEDC, Wistow briefed the board and it was unanimously decided that legal action would be authorized.

"This vote was not taken lightly, and it was taken with the clear goal of protecting the taxpayers of Rhode Island," Chafee said.

Chaffee refused to go into specifics regarding the complaint against 38 Studios, saying that doing so "could jeopardize this process and endanger our ability to recoup taxpayer losses."

"Litigation is often long and tedious," he said. "The filing of this complaint is only the beginning. I know therefore there still will be many unanswered questions as the legal process continues and if and when other information comes to light it will be appropriately addressed."

The suit itself contains numerous claims, and opens by alleging that the defendants did not speak with the RIEDC board when doubts about 38 Studios' sustained financial viability became known.

"Defendants knew or should have known, but failed to inform the EDC Board, that 38 Studios was destined to fail according to 38 Studios’ own financial projections," reads a line from the complaint.

In total, the complaint includes 17 counts of alleged wrongdoing. These include counts of fraud, unjust enrichment, civil conspiracy, breach of implied covenant of good faith and fair dealing, negligence, legal malpractice, negligent misrepresentation, fraudulent misrepresentations and omissions, and breach of fiduciary duty.

The RIEDC has requested a trial by jury for all issues.

Eddie Makuch
By Eddie Makuch, News Editor

Eddie Makuch (Mack-ooh) is a News Editor at GameSpot. He lives in Connecticut, works out of the company's New York City office, and loves extra chunky peanut butter.

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tgwolf 145 pts

Wow, so many questions and so many implicit answers.

HipHopBeats 323 pts

Bet that's the last time someone tries to do something with Rhode Island

mrboone01 447 pts

 HipHopBeats No, it's the last time someone tries to do something with Schilling.

Motroucet 18 pts

I know I sound stupid, but I hate the government, all governments. I don't know about the technicalities regarding the loan nor do I care; Curt is my friggin' hero and the same goes for Jen, Ken, Rob and Todd and everyone who worked at BHG and 38S. They've been through enough, heck the vast majority of them don't have jobs anymore (or maybe working some job they don't want to) apart from those who have gone on to work for Epic Baltimore; so just leave the poor sods alone, they have nothing and certainly not $75M. The thing is yeah Curt admitted his optimism played a part in his venture's downfall, but the RI government is guilty of the same thing; all the claims of fraudulent tactics and other alleged wrongdoings to me are BS; the RI government knew exactly what they were doing and what they were getting into, and if Kingdoms of Amalur: Reckoning were more of a financial success then the government would be all to happy to get back the loan and then some, but damn when it failed they friggin' swoop in like vultures.Also if the government - of all things - were to loan $75 Million, then they don't have the right to claim 'fraud' and other such non-sense because who would lend that much money and not do proper pre-deal investigations. No, like I said they knew exactly what they were getting into. Heck, the amount of checks they had to do regarding myself when I claimed disability pension, and later youth allowance (which they declined even though I literally only had $7.23 in my bank account; which was my whole life savings)  was downright excessive. Hence, I'd imagine for a $75M loan, to dole that much out and not do proper 'homework' well it's the government's fault as much as any.Anyway, to me Kingdoms of Amalur was a right mint game and one I thoroughly enjoyed and still do.As for tax (personal income tax), shouldn't even exist, there are countries in the world who do fine without PIT and they're some of the most affluent nations around; think UAE, Monaco and The Bahamas. So in the end if you want to do right by taxpayers - don't friggin' have tax in the first place.Flame me all you want, I'm an uneducated fool with thick skin. :)

Motroucet 18 pts

I swear I had proper paragraphs and indents when I typed.

 

FlyingAce1016 63 pts

why the heck would anyone get a loan from the gov.?.... lol especially ours

wizo59mt 36 pts

Big Huge Games = Big Huge Loan = Big Huge Failure = Big huge Pile of DooDoo to clean up.

PixelHunter 19 pts

Is the RI governor up for re-election? Sounds like he's trying to boost his ratings with the taxpayers a month before elections!

Slipstream720 14 pts

 PixelHunter No, he isn't. Since we're such a small state, this is a HUGE deal with our government. He's just doing what everybody's saying should be done.

Venatorcruiser 142 pts

Looks like curt will have to pay a lot of shillings 

Gen_Warbuff 48 pts

Hey, here is a company that lost millions, and lost everything they had in the process, lets SUE them to see what we can get out of nothing. Take your losses RI.

no_fear_in_hell 60 pts

 Gen_Warbuff That's PRECISELY the point, THEY DIDNT LOST THIER MONEY, they lost SOMEBODY ELSE'S MONEY (thats why it's called LOANS). One big chunck of it belonged to Rhode Island...

Gen_Warbuff 48 pts

 no_fear_in_hell

I get that... but the company has nothing left, all assets were sold, or are being sold, and shilling has almost nothing left, he's even selling is bloody sock. What else can RI expect to get out of this?

 

mrboone01 447 pts

 Gen_Warbuff  no_fear_in_hell His house, his car, repossess and re-sell his wifes fake-ass titties if need be. Hell, sell his wife. 1 million BJ's at $75 a pop and all is forgiven.

Slipstream720 14 pts

 Gen_Warbuff Up until the moment Schilling declares bankruptcy, the RI gov't will be looking for their money back.

 

Also, we really CAN'T take our losses. Our state economy is one of the worst in the nation, and this loan was made without unanimous approval. 

mindpurge 11 pts

 Slipstream720  Gen_Warbuff And who's fault is that? Shillings or your fuckin' stupid Governor?

Slipstream720 14 pts

 mindpurge  Gen_Warbuff Schilling's because he took a LOAN. As the guy before me said, a loan isn't a fucking investment. If you can't pay it, there are consequences.

 

What do you expect the state to do? "Oh. You aren't paying back your loan. Whatever."

mindpurge 11 pts

 Slipstream720  Gen_Warbuff And who's fault is that? Shillings or your fuckin' stupid Governor?

 

Because last time I check, Kingdom of Amalur wasn't exactly a bad game, it sold quite  well.

mrboone01 447 pts

 mindpurge    If you bother to read up on all this, Schilling along with his lawyers, the oversight committee and the "analysts" he hired covered up and hid any and all negative feedback the analysts uncovered/provided so they could get Rhode Island to cough up the loan. It's called FRAUD, which is what Schilling and the R.I. investment oversight committee along with the banks engaged in and why Rhode Island is suing the fuck out of them all.

J_Dangerously 225 pts

So if the state of Rhode Island sues and wins, can I do the same every time I gamble with money and lose?

no_fear_in_hell 60 pts

J_Dangerously

Do you understand the case refers to a LOAN and not an INVESTMENT, right? Do you know the difference, or do I need to explain it to you?

 

 

Rhode Island is doing exactly what any of you would do if you loaned someone money and they didn't pay you back. 38 studios deserves everything it has coming to them after squandering tax-payer money on a grossly mismanaged game studio.

FlyingAce1016 63 pts

 no_fear_in_hell  J_Dangerously the business of loans is like investing though because of interest

KyleFN 6 pts

I think this is a governor just trying to CYA, in order to make it look like he actually "did something" when the lost revenue comes up in whatever his next election is.

 

The fact of the matter is that game dev is a risky venture and there are no guarantees. He should have known this before 'investing'. The lawsuit is acting like 38 studios was making brake pads and just decided to shut down. The game industry is VERY different from any industry the governor has likely dealt with before. Only 7-11% (depending on who you read) of games are profitable. This is tantamount to taking the states budget to Vegas and suing the casino when you lose it all. Actually Vegas probably has better odds come to think of it.

no_fear_in_hell 60 pts

KyleFN

It had nothing to do with the "game development" but EVERYTHING with his risky and recklless spending... NOBODY forced Schilling to have 400 employees as regular plant, and nobody forced him either to ACQUIRE antoher gaming company (BIG HUGE GAMES). ALL  before making the original Company somewhat profitable with its long in development MMO game... IT WAS ALL THAT reckless spending with money that was loaned what destroyed 38 Studios.

 

Rhode Island just refused to follow Curt to the graveyard... I think waht they did is  just common sense.

parrot_of_adun 401 pts

Whether or not there is blame to be doled out to Schilling and friends, the state of Rhode Island should be held accountable first and foremost. It's not as though Schilling just kicked down the door and grabbed the $75M.

tightwad34 517 pts

I really feel for the guy. He just didn't know what he was getting him and other people into. He's a very smart man, just not in the business sense. I just hope some day he can somehow get some sort of cash flow going again. He does work for ESPN, but the baseball season is over now, although I would assume he gets salary from them. I am pretty sure this is one of if not the lowest point in his life, so maybe the shit has hit the fan as hard as it could(after all this is settled).

naomha1 36 pts

It's funny how he comes out and says that the legal wranglings are a continuing part to protect taxpayer money, but what taxpayer in the state got to vote on them giving 38 Studios the money?  If you were going to protect the money in the first place, maybe you shouldn't have paid 75 million to have 38 Studios move to RI. They're all digging in their pockets right now for answers and to lay blame. Not a single one of those asses wants to say that "What I did was wrong" in the first place. You gave up taxpayer money to the tune of 75 million on a virgin company with absolutely NO experience whatsoever and you were hoping for what again? I call shennanigans on the whole political bunch up in RI. If you give someone 75 million and they have to follow certain guidelines and expectations for that money to continue to be spent, then you damn well better make sure someone is in place from the state to make sure that happens. They dropped the ball as much as 38 Studios. What's sad, is the politicians won't ever have to take the blame on this unless through some crazy strategy 38 Studios actually win the case against them. 

no_fear_in_hell 60 pts

 naomha1 It was ANOTHER administration who gave Schilling the money, one headed by one of his republican friends, that appartently is getting lost in the smoke. THIS new Rhode Island administration had to deal with all the bullshit (with no blame on its part) and clean up the pieces...

hickabickabooya 89 pts

This is gonna get a whole bunch uglier (which considering how bad it is already, is gonna be pretty ugly).

soulless4now 461 pts

Had a feeling this would happen. 

hadlee73 577 pts

I love the whole "protecting the taxpayers" argument. I doubt it was the taxpayers who made the decision to gamble their money away, and yet apparently its the taxpayers who will pay the price if the money isn't recovered :P

tightwad34 517 pts

 hadlee73

 Yep, pretty much.

GreySeven 198 pts

Well, that's one way to help get your state economy back on track.  Well done.

craigprime 276 pts

Why did you have to use so much money, Schilling? Why????? KoA could've become so much more...

---Cipher--- 367 pts

@craigprime 38 studios was basicly forced to waste money. He had to hire 400ish employees (more than most established AAA companies) as well as other things, like having a state government breathing down your neck... Taking the money sealed 38 studios fate.

blackace 440 pts

I can understand the lawsuit, but the fact that both 38 Studios and Curt are completely bankrupt, what funds are they going to get back from this? Curt Schilling was stupid to waste his money like that. 38 Studios was foolish to try and work on 2 games at the same time knowing full well that they wouldn't have the funding to complete the 2nd game and didn't have any further investors to back it. They even said themselves that they were waiting to hear from other investors to help fund their MMO and that they had to use much of their money to start paying back the loan. Why they had over 100 developers in their stable is beyond me. They should have had less then 1/2 that working on The Reckoning. They seriously mismanaged all that money.

IanNottinghamX 395 pts

Schilling and 38 studios knew taxpayer money was at stake.. If They knew that KoA would of left them in this big a hole financially maybe they should of budgeted their project better and ran their studio more efficiently so that they could release this game and not spend unnecessarily...that plus the game was a success..so theres a rat hiding somewhere in this story....

IanNottinghamX 395 pts

mismanagement,mismanagement,mismanagement....

Suaron_x 231 pts

So now the state of RI is going to spend $75M + via legal action to recover $75M. 

bongsyas_23 342 pts

so when is Kingdom of Amalur 2 coming out?

SNESNOSTALGIA2 72 pts

Wow I was rooting for schilling when he started this company. It's like... This company only made one game lol it wasn't even that bad from what I've heard (never played it) but i guess it couldn't compete with this COD generation and better titles within its own genre like Skyrim and Dark Souls. Says a lot about the corporatization of the videogames industry. Plus, the " review in progress " is cursed so ot had that going against it too

buccomatic 1734 pts

 SNESNOSTALGIA2 KoA:R >Skyrim>Dark Souls

 

 

jer_1 203 pts

 buccomatic  SNESNOSTALGIA2 Hardly. I guess if you talking only about the fighting mechanic then I guess KoA:R would eek by DarkSouls but not by much. Every other facet of KoA blew nuts.

 

It was literally one of the most forgettable games I played in 2012. It still sits in my steam inventory, unplayed and unfinished, I don't think that will ever change. I can't say that for Skyrim, and I definitely can't say that for DarkSouls.

 

To each their own of course, but I think the general consensus will put KoA behind both DarkSouls & Skyrim.

Stiler 348 pts

 SNESNOSTALGIA2 Actually KoA was a success, it sold VERY well for a new ip based rpg and had generally good review scores.

 

KoA wasn't the problem.

 

You see 38 studios actually started making an MMO, looooong before KoA. Part way through development they took this loan from Rhode Island and then moved their studio there (and their developers/people that worked for them).

 

After this they actually also ended up buying Big Huge Games, who were working on their own rpg game. This game became KoA, which they finished and shipped, it sold well.

 

However the mmo game, which was what 38 studios was developing this entire time, was still behind and not nearly done. They were bleeding money, had no new investors and things got worse and worse.

 

They missed their deadlines, ended up having employees working with no pay, and even left some of their employees holding the mortage for their OLD house which 38 studios was supposed to sell for them (this is something companies do when they move employees, they'll cover selling their old homes and what not).

 

It wasn't KoA that sunk this ship, it was the mmo. It was an extremely bad choice to take the RI loan on top of trying t o develop an mmo and then BUYING another developer and having a single player game.

 

They should have simply made KoA. If they had did this, and not tried to jump into the deep end with an mmo (mmo's are notorious for being the most EXPENSIVE games to make/turn a profit) they probably would have did fine and shouldn't have taken that stupid loan in the first place.

 

38 studios is just another example of owhat not to do when running a business, or at least hire people (an dLISTEN to them) that know how to run one and manage money.

pokecharm 271 pts

I can't understand how you can lose $75 million dollars...maybe its because I can't expect to ever see $75 million in the future...I mean, wow...and when did states start investing in video game companies?  God, I want to see the grant or whatever on that one!

nurnberg 630 pts

This is one of the worst gaming-related financial disaster ever.  Kurt Schilling has to be one of the worst CEO ever.

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