Brett Favre's lawyers file motion to dismiss lawsuit in Mississippi welfare scandal
Brett Favre has not been criminally charged
{{#rendered}} {{/rendered}}Brett Favre’s lawyers filed a motion Monday to dismiss a complaint against the former NFL quarterback and his company Favre Enterprise from the Mississippi Department of Human Services.
Favre has been wrapped up in the Mississippi welfare scandal and is one of more than three dozen companies being sued by the Mississippi Department of Human Services (MDHS) in an attempt to recoup $24 million of the $77 million in federal welfare money, according to Mississippi Today.
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{{#rendered}} {{/rendered}}Quarterback Brett Favre #4 of the Green Bay Packers attempts a pass against the New York Giants on October 3, 2004 at Lambeau Field in Green Bay, Wisconsin. (Matthew Stockman/Getty Images)
Favre, who helped in raising money for the University of Southern Mississippi volleyball facility, has denied knowing that a $5 million grant for the volleyball facility came from a Temporary Assistance for Needy Families (TANF) welfare fund through the Mississippi Community Education Center (MCEC), a non-profit operated by Nancy New.
"Today, after a thorough investigation, we filed a motion to dismiss the complaint against Mr. Favre. MDHS’s lawsuit is nothing more than a baseless attempt to blame Brett Favre for its own failure to oversee the welfare funds placed in its trust," Favre’s lawyer Eric Herschman said in a statement obtained by Fox News Digital.
"Mr. Favre never had any control over how Mississippi spent its welfare funds. He never made any misrepresentations to anyone. As the State Auditor has acknowledged, Mr. Favre never knew welfare funds were involved in the first place. Once he found out, he returned all of the funds he received—six months before MDHS filed its lawsuit. As the State Auditor also has acknowledged, Mr. Favre’s conduct deserves applause, not a frivolous lawsuit. We believe that after the Court reviews our motion, this case will be dismissed."
{{#rendered}} {{/rendered}}Monday's motion was filed in the circuit court of Hinds County in the state's first judicial district.
The motion maintained that the Hall of Fame quarterback "did nothing wrong."
{{#rendered}} {{/rendered}}Minnesota Vikings quarterback Brett Favre heads to the sidelines after he throws a pass intercepted by Chicago Bears' Julius Peppers during the first quarter of their NFC, NFL football game at TCF Bank Stadium in Minneapolis, December 20, 2010. (REUTERS/Eric Miller)
"There is no factual or legal basis to include Favre in this lawsuit or for the torrent of the unjustified negative publicity concerning Favre that MDHS has outrageously instigated—publicity that properly should be directed at MDHS, not Favre," the motion says.
Favre has repaid the $1.1 million he received for speaking fees from the Mississippi Community Education Center, a nonprofit group that spent TANF money with approval from the Department of Human Services, But, Mississippi State Auditor Shad White insisted Favre owed $228,000 in interest.
The State Auditor's Office has maintained that Favre didn't maintain the terms of a contract he signed.
{{#rendered}} {{/rendered}}Favre has not been criminally charged in the case.
Prevacus Inc., a concussion treatment and prevention company in which Favre is an investor, received $2.1 million from the Mississippi Community Education Center. The motion says Favre had "no liability" in the alleged dealings between the nonprofit and the company.
"As to the $2.1 million payment, Section 27(1) permits MDHS to recover only from a ‘recipient’ of a wrongful payment. The Complaint alleges that Prevacus was the recipient of the payment, and MDHS’s claim to recover it from Favre must also be dismissed," the motion says.
{{#rendered}} {{/rendered}}The Mississippi Department of Human Services issued a statement Tuesday.
"While MDHS understands there is an exceptional amount of publicity surrounding this case, we don’t try cases in the press. We will allow the court's rulings be the final word on these matters," the agency said.
The state's attorney general didn't immediately respond to Fox News Digital's request for comment regarding the motion.
{{#rendered}} {{/rendered}}Nancy New, the director of the nonprofit, pleaded guilty in April to charges of misspending welfare money, as did her son Zachary News, who helped run the center. They await sentencing and agreed to testify against others. John Davis, an official for MDHS, pleaded guilty to conspiring to defraud the state of Mississippi.
In October, Favre rebuked the criticism of the alleged role in the scandal.
"I have been unjustly smeared in the media," Favre said in a statement provided to Fox News Digital. "I have done nothing wrong, and it is past time to set the record straight."
{{#rendered}} {{/rendered}}Sep 8, 2018; Hattiesburg, MS, USA; Hall of Fame quarterback Brett Favre warms up before the game between the Southern Miss Golden Eagles and the Louisiana Monroe Warhawks at M. M. Roberts Stadium. Favre played for Southern Miss. (Chuck Cook-USA TODAY Sports)
Favre explained he didn’t know the "funds designated for welfare recipients were going to the University of me."
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White, at the time, told Fox News that there is no documentation showing that Favre knew that the money was coming from a TANF fund, though he asserted that Favre did know that it was coming from the agency that handles "programs that are geared toward helping the poor."