Brett Favre seeks dismissal from Mississippi welfare funds lawsuit

By Patrick Djordjevic and Alex Raskin Sports activities Information Editor For Dailmail.com

04:54 11 Feb 2023, up to date 05:54 11 Feb 2023

Brett Favre’s attorneys has filed papers once more asking a Mississippi decide to dismiss the retired NFL quarterback from a lawsuit demanding reimbursement of tens of millions of {dollars} of welfare cash supposed to assist among the poorest folks within the US.

It comes only a day after DailyMail.com first revealed a defamation lawsuit was filed by Favre’s lawyer in opposition to podcast host Pat McAfee and FS1 host Shannon Sharpe, and Mississippi State Auditor Shad White for ‘defamatory allegations.’

The Mississippi Division of Human Providers final yr sued Favre and greater than three dozen different folks or companies. 

The go well with says cash from the Non permanent Help to Needy Households program was improperly spent, together with on initiatives Favre supported: $5million for a volleyball enviornment on the college the place Favre’s daughter performed the game and $1.7m towards growth of a concussion therapy drug. 

‘It’s obvious that MDHS has sued Favre, a Mississippi and nationwide superstar, to attempt to deflect accountability for its personal egregious wrongdoing in permitting tens of tens of millions of {dollars} of its public funds to be misspent – funds for which MDHS itself admits it was “solely accountable,” mentioned the submitting Friday by Favre’s attorneys, together with Eric D. Herschmann of Austin, Texas.

Brett Favre’s attorneys filed papers searching for his dismissal from a Mississippi welfare funds go well with

‘Brett Favre has completed nothing mistaken. MDHS nonetheless doesn’t and can’t allege that he did. 

‘There isn’t any factual or authorized foundation to incorporate Favre on this lawsuit — by which MDHS seeks to get better public funds it misspent — and no justification for the defamatory torrent of unfavourable publicity regarding Favre that MDHS has instigated and others have propagated — unfavourable publicity that correctly must be directed not at Favre, however at MDHS and people chargeable for spending and monitoring its funds.’

Favre, who lives in Mississippi, sought to be dismissed from the state lawsuit in November, then the state revised its demand in opposition to him in December. The submitting Friday responds to the state’s December demand.

The ex-Packer suing former NFL stars Sharpe and McAfee follows feedback they made about Favre in current months. 

Sharpe referred to as Favre a ‘sleazeball’ on his FS1 present in September whereas accusing the retired quarterback of knowingly stealing $1.1m in Mississippi welfare funds in trade for speeches that he by no means made. McAfee, a former Colts punter, accused him of ‘stealing from the poor folks of Mississippi,’ whereas White claimed Favre knew the origin of the welfare funds. 

Favre has not been charged within the case, which has already resulted in a number of responsible pleas, and he has repaid the $1.1 million he obtained for no-show talking gigs. 

WARNING: Express Language 

Pat McAfee is welcoming the defamation lawsuit filed in opposition to him by Brett Favre, saying he’s longing for the previous Inexperienced Bay Packers quarterback to face discovery and depositions over his involvement in a $77 million welfare fraud scheme in his native Mississippi Favre sued McAfee, ex-NFL star and FS1 host Shannon Sharp, and Mississippi State Auditor Shad White for on Thursday, for ‘defamatory allegations’

Earlier Friday, McAfee appeared unconcerned with the lawsuit, whereas insisting he used the phrase ‘allegedly’ when discussing Favre’s involvement within the case, thereby bolstering his protection in opposition to defamation claims. 

‘We take numerous delight in our work,’ McAfee mentioned alongside Friday’s visitor panel. ‘We needed to cowl that scenario. And we definitely mentioned ”allegedly.”

‘And lots of people are questioning how my attorneys are gonna deal with this,’ he continued, elevating a beer to his viewers. ‘ it: I ain’t bought ’em. So let’s journey this f*****. I’m excited to see the way it goes. I’ll see you in courtroom, pal. Cheers to all people and cheers to a ”Really feel Good Friday” not being ruined by that in any respect.’

McAfee defined he was advised by Favre representatives that he had a deadline to apologize and delete any on-line movies by which he commented on the Mississippi native. The Wednesday deadline handed with out McAfee apologizing to Favre, and he was promptly sued in Mississippi on Thursday afternoon.

‘I used to be planning on doing it,’ McAfee joked concerning the apology. ‘We performed pickleball. Oh I’m sorry.’

McAfee refused to disclaim making claims in opposition to Favre, reminding his viewers that he did soften his accusations in opposition to the retired quarterback by utilizing the phrase ‘allegedly.’

‘I don’t assume that is ending anytime quickly,’ McAfee predicted.

On Friday, McAfee appeared unconcerned with the lawsuit, whereas insisting he used the phrase ‘allegedly’ when discussing Favre’s involvement within the case, thereby bolstering his protection in opposition to defamation claims. ‘We take numerous delight in our work,’ McAfee mentioned alongside Friday’s visitor panel. ‘We needed to cowl that scenario. And we definitely mentioned ”allegedly”’ Pat McAfeeShannon Sharpe

Fox Sports activities representatives haven’t responded to DailyMail.com’s request for remark.

In response to Thursday’s defamation lawsuit, White spokesman Fletcher Freeman issued an announcement to DailyMail.com.

‘All the things Auditor White has mentioned about this case is true and is backed by years of audit work by the professionals on the Workplace of the State Auditor,’ Fletcher wrote. ‘It’s mind-boggling that Mr. Favre desires to have a trial about that query.

‘Mr. Favre has referred to as Auditor White and his crew liars regardless of repaying among the cash our workplace demanded from him. He’s additionally claimed the auditors are liars regardless of clear documentary proof displaying he benefitted from misspent funds. As an alternative of paying New York litigators to do that case, he’d be higher off totally repaying the quantity of welfare funds he owes the state.’

A Favre spokesman directed an announcement in the direction of White in an e-mail to DailyMail.com on Thursday.

‘Shad White has completed a disservice to the folks of Mississippi,’ Favre’s spokesperson advised DailyMail.com. ‘Right here is a few free recommendation for Shad White: do what state auditors are imagined to do—repair the state’s failure to have controls in place to make sure that it correctly safeguards the taxpayers’ cash, not smear the reputations of personal residents to serve his personal private and political ambitions.’

The Favre spokesman additionally addressed Sharpe and McAfee: ‘Shannon Sharpe and Pat McAfee tried to additional their careers by making baseless defamatory allegations in opposition to Brett Favre. At this time, Brett Favre has sued each of them. Mr. Favre has spent his retirement from the NFL centered, on, amongst different issues, serving to folks affected by concussions. Sadly, Shannon and Pat have determined to spend their time making false public statements in opposition to Brett.’

As a public determine, Favre might want to show precise malice in opposition to Sharpe, McAfee and White. There may be additionally the reality doctrine, which permits people to keep away from legal responsibility if their assertion is deemed to be truthful.

And to find out whether or not or not White, Sharpe, and McAfee have been talking honestly, there might be a discovery interval, which can contain depositions.

Shad White (pictured) is being sued for defamation by Favre, who claims that the Mississippi Auditor repeatedly misled the general public about his involvement within the case

White claimed that Favre knew the cash he obtained from the no-show talking gigs got here from a non-profit funded by state taxes, in accordance with the defamation lawsuit filed Thursday in Mississippi.

‘[W]e know that Mr. Favre not solely knew that he was receiving cash from this non-profit which was funded by taxpayer {dollars},’ White advised CNN on September 15, 2022, in accordance with the lawsuit. ‘We all know that the funding for that was a sham, and we all know that he is aware of that too.’

McAfee equally claimed that Favre knew concerning the origin of the funds.

‘Each time his identify will get introduced up, we have now to say that he tied the palms of the poor folks and took cash proper out of their pockets,’ McAfee mentioned about Favre, in accordance with the defamation lawsuit.

‘[Favre is] definitely in the midst of stealing from poor folks in Mississippi proper now,’ McAfee allegedly mentioned on one other event.

Sharpe additionally claimed that ‘[Favre] stole cash from the folks that basically wanted that cash.’

‘At this time, Brett Favre has sued [Sharpe and McAfee],’ the retired quarterback’s spokesman advised DailyMail.com. ‘Mr. Favre has spent his retirement from the NFL centered, on, amongst different issues, serving to folks affected by concussions. Sadly, Shannon and Pat have determined to spend their time making false public statements in opposition to Brett.’

Nancy NewZachary New, who along with his mom, Nancy New, ran a personal training firm in Mississippi, pleads responsible to state prices of misusing public cash that was supposed to assist among the poorest folks within the nation, in Hinds County Circuit Courtroom, Tuesday, April 26 Favre is accused of making an attempt to funnel $5million into the brand new complicated constructed at his alma mater, Southern Miss, the place his daughter was enjoying volleyball in 2018. That scheme allegedly concerned Nancy New, who ran a nonprofit within the state and has since pleaded responsible to fraud prices. Textual content messages purportedly displaying Favre and New engaged on the scheme have been included in a submitting final week. In a single from August of 2017, Favre texted New, asking: ‘In case you have been to pay me is there anyway the media can discover out the place it got here from and the way a lot?’

The previous Southern Mississippi star is searching for nominal and basic damages from all three, ‘together with compensation for harm to Favre’s character and popularity.’ He’s additionally searching for unspecified punitive or exemplary damages.

Favre is amongst 38 people or organizations being sued by the state in Could to recoup $24m from the $77m welfare scheme.

Beforehand unearthed textual content messages from 2017 revealed Favre’s efforts to divert $5m in welfare to a brand new volleyball enviornment for the College of Southern Mississippi, his alma mater, the place his daughter was enjoying the game on the time. In a single message, Favre questioned: ‘Is there anyway (sic) the media can discover out the place [the money] got here from and the way a lot?’

The lawsuit filed in Could mentioned Favre at one time was the biggest particular person exterior investor and stockholder of Odyssey Well being, a Florida-based firm that was making an attempt to develop a concussion drug. The go well with mentioned that in December 2018, Favre urged Prevacus CEO Jake VanLandingham (pictured) to ask Nancy New, the proprietor of a Mississippi nonprofit, to make use of welfare cash to spend money on the corporate

Favre has denied understanding the supply of the funding.

‘Nobody ever advised me, and I didn’t know, that funds designated for welfare recipients have been going to the College or me,’ Favre advised Fox Information in an October assertion. ‘I attempted to assist my alma mater USM, a public Mississippi state college, increase funds for a wellness middle. My purpose was and at all times might be to enhance the athletic services at my college.’

Mississippi’s lawsuit described Favre as the biggest exterior investor and stockholder in Prevacus, a Florida-based firm that was creating a concussion drug.

That lawsuit mentioned in December of 2018, Favre pushed Prevacus CEO Jake VanLandingham to request welfare funds from Nancy New, who ran a nonprofit group and an academic firm along with her son, Zach. The aim of Favre’s request, in accordance with the State’s lawsuit, was to make use of welfare grant cash to spend money on Prevacus.

Favre allegedly hosted a Prevacus traders assembly at his Mississippi house in 2019, which was attended by VanLandingham, Davis, Nancy New, Zach New and wrestler Ted DiBiase Jr., in accordance with Mississippi’s lawsuit. It was at that assembly that the events agreed to spend ‘substantial’ welfare grant cash on Prevacus and, finally, its company affiliate PreSolMD Inc.

Over the subsequent 10 months, the corporate obtained $2.1m, which had been earmarked for the state’s welfare fund. Formally, the funding diverted to Prevacus was ‘for the aim of securing ”scientific trial websites” to be positioned inside Mississippi,’ in accordance with the lawsuit, offered to DailyMail.com.

As an alternative, the Auditor’s lawsuit claims, the cash was utilized by people to buy inventory within the firm. However whereas the inventory was within the names of New and her son, Zach, the State claims the funding was for the monetary advantage of Favre, VanLandingham and the 2 corporations.

The Could lawsuit demanded the reimbursement of $2.1m in welfare grant cash that was given to the 2 corporations in 2019.

It is a Friday, September 16, 2022 {photograph} of the volleyball courts within the Wellness Heart on the College of Southern Mississippi in Hattiesburg, Mississippi

In his October assertion to Fox Information, Favre insisted that every thing was dealt with correctly on his finish, together with his efforts to fund Southern Miss athletics with the assistance of New’s charity.

‘State companies offered the funds to Nancy New’s charity, the Mississippi Neighborhood Training Heart, which then gave the funds to the College, all with the total information and approval of different State companies, together with the State-wide Institute for Greater Studying, the Governor’s workplace and the Lawyer Common’s workplace,’ he mentioned.

‘I used to be advised that the authorized work to make sure that these funds may very well be accepted by the college was completed by State attorneys and State workers.’

In an announcement to Fox Information, White mentioned Favre’s ‘evaluation was incorrect’ as a result of Non permanent Help for Needy Households (TANF) can’t be used to fund such initiatives.

‘The volleyball courtroom wanted for use to learn the needy in Hattiesburg,’ White mentioned, referencing the Mississippi city the place the Southern Miss campus is positioned.

‘And fast-forward to at this time, what we all know now’s that the volleyball courtroom has not been used to learn the needy. So, that is an unallowable use of TANF funds for a couple of totally different causes. And for these causes, it doesn’t matter that the legal professional signed off on this. What issues is that it merely isn’t an allowable use of TANF funds, and it’s our job within the Auditor’s workplace to level that out after we see it.’

John Davis, former director of the Mississippi Division of Human Providers, leaves the Thad Cochran United States Courthouse in Jackson on September 22. Davis pleaded responsible to new federal prices in a conspiracy to misspend tens of tens of millions of {dollars} that have been supposed to assist needy households in one of many poorest states

Particularly, TANF funds will not be permitted for use for brick-and-mortar development initiatives, similar to a brand new volleyball courtroom on the Southern Miss campus.

And though White admits there isn’t any documentation displaying Favre knew the funding got here from the TANF fund, he was conscious that the applications concerned have been supposed to assist the poor.

This isn’t the primary time White has been taken to courtroom over public statements.

White was beforehand sued for defamation in 2021 by College of Mississippi Professor James Thomas, who was responding to the Auditor’s declare that he participated in an unlawful work stoppage in violation of state legislation. On the time, White claimed he was entitled to ‘absolute immunity’ in his official duties, however his movement to dismiss the lawsuit was denied by a Mississippi decide.

Favre’s NFL profession did overlap with Sharpe’s and McAfee’s, he was by no means teammates with both of them. Favre did, nonetheless, play with Sharpe’s brother, Sterling (proper), in Inexperienced Bay

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