Lawyers for Texas Tech Head Football Coach Tommy Tuberville filed a motion to dismiss  a lawsuit against the coach in a Federal Court in Alabama this week. Tuberville and business partner David Stroud are accused of defrauding investors of hundreds-of-thousands of dollars with the firm TS Capital Partners.

Seven people filed the lawsuit against TS Capital and Tuberville in late February of this year for not filing tax returns and falsifying the performance of the investment funds to clients.In the motion to dismiss, Tuberville's attorneys argue that Tuberville lost more than $400,000 in the venture and is a victim himself.

The motion brings up two plantiffs, John Abrams and Baron Lowe, worked for Stroud at the firm and because they worked at the firm, they had more knowledge of the daily operations than did Tuberville, according to the motion. The motion also argues that the U.S. Commodity Futures Trading Commission has filed a complaint against Stroud, but has not filed against Tuberville.