Not guilty plea entered for Tim Duncan’s ex-financial adviser

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 / 15 Caption Close Not guilty plea entered for Tim Duncan’s ex-financial adviser 1 / 15 Back to Gallery

A not guilty plea has been entered for Tim Duncan’s former financial adviser, who faces two counts of mail fraud.

Lawyers for Charles A. Banks IV filed a waiver of arraignment, which negated the need for a hearing that had been scheduled for Tuesday in San Antonio. Banks, of Atlanta, was indicted Sept. 8 after an FBI investigation.

“It’s considered an entry of not guilty,” Banks’ lawyer, John Murphy, said of the waiver.

Banks advised Duncan on investments for much of his NBA career and has been a rising figure in California’s wine industry. Last week, Banks requested that civil lawsuits stemming from his interactions with Duncan be postponed until his criminal case is resolved. A judge in Colorado scheduled a hearing for Wednesday to take up the request, which Duncan does not oppose, records show.

Duncan sued Banks in 2015, accusing Banks of inducing him to invest in sports merchandise, wineries and beauty products while not disclosing Banks’ own financial conflicts of interests in the businesses. Court records show that Banks had ownership stakes or financial interests in the investments, and Duncan alleges he lost about $20 million.

This summer, Duncan settled his claims during arbitration over investments in California wineries, known as the Terroir investment deal. The settlement is sealed and its terms are undisclosed.

Still pending are Duncan’s claims that Banks duped him in a $7.5 million loan-investment deal involving Gameday, which is based in Colorado and Banks reportedly controlled, and that Banks induced him to invest $1.1 million in a cosmetics company that Banks knew was in financial straits.

The criminal charges deal only with the Gameday deal, in which Duncan accuses Banks of defrauding him on a $7.5 million loan to Gameday. Gameday also received a bank loan with what Duncan says he believed was his signature on a document that would get him $1.5 million in cash back and lower his guarantee exposure. Banks is alleged to have used that signature to increase Duncan’s exposure to $13.5 million at Comerica Bank instead of $6 million.

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