Brett Favre’s attorneys argue civil lawsuit against him should be DISMISSED

Attorneys for retired NFL quarterback Brett Favre argued in a new court filing Monday that a civil lawsuit against him seeking to recover misspent welfare money in Mississippi’s largest ever corruption case should be should be dismissed because the state Department of Human Services lacks evidence and is attempting to deflect from its own culpability.

Millions of federal welfare dollars intended to help low-income Mississippi residents – some of the poorest people in the country – were instead squandered on projects supported by wealthy or well-connected people, including projects backed by Favre, between 2016 and 2019, prosecutors say.

In a response to the department’s statements that a judge should ignore Favre´s request to be removed from the lawsuit, Favre´s attorneys wrote there is ‘no legal, factual, or moral basis’ for the agency’s claims.

‘It is plain that, as it did in its original complaint, MDHS – which itself carried out the allegedly wrongful transfer of funds to another state entity, a transfer approved by, among others, Mississippi´s Attorney General – continues to sue Favre solely to attract publicity for improper political purposes,’ Favre’s attorneys wrote.

Last year, the Department of Human Services sued Favre and more than three dozen other people or businesses. The suit says federal Temporary Assistance for Needy Families money was misspent, including $5million that went to a volleyball arena that Favre supported at his alma mater, the University of Southern Mississippi – where his daughter also played the sport – and $1.7million toward the development of a concussion treatment drug by a company in which Favre was an investor.

Brett Favre’s attorneys argue civil lawsuit against him should be DISMISSED

Brett Favre’s attorneys argued that a civil lawsuit against him should be dismissed

Favre used welfare funds to help pay for a volleyball gym at Southern Miss, his alma mater

Favre used welfare funds to help pay for a volleyball gym at Southern Miss, his alma mater 

Kaytie Pickett, an attorney for the department, wrote in March court papers that Favre´s attorneys failed to provide solid legal arguments to get their client out of the lawsuit. Calling the attorneys’ motion to dismiss ‘a long press release,’ she said the court should ‘disregard Favre´s diatribe.’

‘MDHS deems Favre´s Motion a ‘long press release,’ but the shoe is on the other foot,’ Favre’s attorneys countered Monday. They say Favre and his wife fulfilled commitments they made in a written pledge – months after the transfers that form the basis of MDHS´s claims – to raise funds to construct the volleyball facility.

Pickett declined to comment Tuesday on the new filings.

No criminal charges have been brought against the NFL Hall of Famer, although other people have pleaded guilty to their part in the misspending. Those who have pleaded guilty to criminal charges include John Davis, a former director of the Mississippi Department of Human Services; and Nancy New, the director of a nonprofit organization who had ties to Favre and the concussion drug and volleyball projects.

As Favre has attempted to get out of the lawsuit, he has also filed three defamation lawsuits against Mississippi State Auditor Shad White and two former NFL players, Pat McAfee and Shannon Sharpe, who have sharply criticized Favre in their roles as national sportscasters.

Sharpe called Favre a ‘sleazeball’ on his FS1 show in September while accusing the retired quarterback of knowingly stealing $1.1 million in Mississippi welfare funds in exchange for speeches that he never made. 

McAfee accused him of ‘stealing from the poor people of Mississippi,’ while White claimed Favre knew the origin of the welfare funds.

Specifically, McAfee’s lawyers argued that Favre’s complaint falls short of alleging actual malice, which is a necessary component in a defamation lawsuit involving a plaintiff who is a public figure. Furthermore, according to Friday’s motion, Favre did not provide McAfee with 10 days’ notice before filing his lawsuit. 

Favre was concerned about the public learning he received federal funding for personal projects and hoped to keep that information ‘confidential,’ according to text messages the Hall of Fame quarterback allegedly wrote.

‘Will the public perception be that I became a spokesperson for various state funded shelters, schools, homes, etc. … and was compensated with state money?’ Favre asked in the text message included in the Mississippi filing and provided to DailyMail.com. ‘Or can we keep this confidential.’

As White explained in a Twitter thread last month, the text messages are significant because they purportedly show Favre ‘knew he was receiving ”grant” money intended to benefit people in ”state funded shelters, schools, homes, etc.”

Former NFL player Brett Favre

Mississippi Auditor Shad White

Brett Favre (left) was concerned about the public learning he received federal funding for personal projects and hoped to keep that information ‘confidential,’ according to text messages the Hall of Fame quarterback allegedly wrote which are included in the latest filing in his legal battle with Mississippi and state auditor Shad White (right) 

In some texts, Favre appeared concerned that the public would learn about the scheme

In some texts, Favre appeared concerned that the public would learn about the scheme 

In one text message, Favre asked about the 'brick and mortar issue,' which the filing describes as his attempt to skirt a rules prohibiting the use of welfare funds on construction projects, such as the volleyball arena at Southern Miss

In one text message, Favre asked about the ‘brick and mortar issue,’ which the filing describes as his attempt to skirt a rules prohibiting the use of welfare funds on construction projects, such as the volleyball arena at Southern Miss

‘In other words,’ White wrote, ‘the poor.’

A Favre spokesman responded to White in a statement provided to DailyMail.com: ‘Brett Favre has spent his life helping the citizens of Mississippi. Shad White should learn from Brett. Shad needs to stop attacking Brett to try to further his political career and instead focus on doing his job. We look forward to winning this defamation case.’

White spoke to the AP about the case on Tuesday. 

‘My hope is that the state can recover as much misspent welfare money – whether it´s from Mr. Favre or anyone else who bears responsibility – as possible,’ White said. 

‘We are the auditors, not the lawyers who try these cases in court, but my team stands ready to provide the audit evidence for the criminal and civil cases as they proceed.’

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