San Antonio federal judge refuses to move the trial of Tim Duncan’s former financial advisor

Tim Duncan's former financial adviser, Charles Banks, is transported to federal court early Friday morning after he turned himself in on federal charges. Banks was apparently indicted this week in connection with allegations that he duped Duncan into making certain investments, losing between $1.1 million and $25 million of Duncan's money on Friday, September 9, 2016. less Tim Duncan's former financial adviser, Charles Banks, is transported to federal court early Friday morning after he turned himself in on federal charges. Banks was apparently indicted this week in connection ... more Photo: Ron Cortes, Freelance / For The San Antonio Express-News Photo: Ron Cortes, Freelance / For The San Antonio Express-News Image 1 of / 14 Caption Close San Antonio federal judge refuses to move the trial of Tim Duncan’s former financial advisor 1 / 14 Back to Gallery

U.S. District Judge Fred Biery has rejected a request by retired Spurs star Tim Duncan's former financial advisor to dismiss three of the four counts of wire fraud against him, and to move the trial.

The charges allege Charles Banks defrauded Duncan in a $7.5 million loan-investment deal in a Colorado sports-merchandising company.

Biery held a hearing Wednesday to consider Banks' change-of-venue request to move his case out of San Antonio.

Banks claimed he won't have a fair fight in the Alamo City because Duncan is so beloved here, but the feds —and Duncan's lawyers — say that the case should proceed in San Antonio.

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“This love and support is understandable and appropriate for a sports star that stayed with one team his entire career, was an outstanding player and sportsman, and who consistently gave back to the city of San Antonio,” but it makes it impossible for a jury drawn from the area to fairly judge the evidence in the case, Banks’ lawyers wrote in a 42-page motion filed last month seeking a change of venue.

After listening to both sides, the judge ruled that Banks did not show "presumed" or "actual" prejudice against him requiring a change of venue. However, Biery said that he has discretion in the matter and that he would revisit it when a jury panel is called before trial for voir dire.

In an indictment amended last month, federal prosecutors replaced two counts of wire fraud with four counts, alleging Banks, 48, defrauded Duncan as part of loan investment in Gameday Entertainment LLC, a sports-merchandising company in Colorado that has links to Banks and another NBA star, Kevin Garnett, who retired in September.

The trial could come later this year.

gcontreras@express-news.net