Connect with us

Mississippi Today

Brett Favre points finger back at Gov. Phil Bryant in motion to dismiss Mississippi welfare lawsuit

Published

on

Brett Favre points finger back at Gov. Phil Bryant in motion to dismiss Mississippi welfare lawsuit

NFL legend Brett Favre maintains he did nothing wrong.

The recent focus on two of his projects that received welfare money during the biggest public corruption scandal in Mississippi history is just a pretext, his attorneys say, for blaming and smearing him in the media.

They say he never pledged his own money to build the widely publicized volleyball stadium at University of Southern Mississippi, so he couldn’t have personally benefitted from the taxpayer money used on the project.

And plus, there were many more state employees, attorneys and politicians who facilitated or approved of the legal loophole — which state prosecutors called a scheme to defraud the government — to funnel $5 million in federal grant funds from Mississippi Department of Human Services through a lease agreement between a private nonprofit and the university.

Favre, in the new filing, said former Gov. Phil Bryant knew that grant funding from the welfare department was behind the volleyball project.

“The agreement was reviewed and approved by the Attorney General, who recommended that the IHL Board of Trustees approve it, which they did,” Favre’s latest court motion reads. “The IHL Board of Trustees expressly noted that MCEC’s funding was via a block grant from MDHS. The Governor was aware of the source of the funding and supported it. Following final approval, Southern Miss publicly announced the plans for the State-owned Wellness Center and lauded MCEC’s support for the project. Not one public Mississippi official or lawyer expressed any objection to or concern about the funding and plan.”

Favre makes these new arguments in a recent motion to dismiss civil charges against him. Mississippi Department of Human Services alleges in its amended complaint filed in December that Favre is liable for more than $7 million that he helped funnel away from the poor or anti-poverty programs.

An email Favre’s attorneys entered into court appears to contain notes from assistant USM Athletic Director Daniel Feig about the MDHS funding proposal for the volleyball stadium. In the email, Feig acknowledged that the MDHS grant funds cannot be used on construction projects. But MDHS’s attorneys — Garrig Shields and Jacob Black, also defendants in the suit — advised that MDHS could give the money to a nonprofit called Mississippi Community Education Center, run by criminal defendant Nancy New, and she could give the money to USM Athletic Foundation through a lease. The notes suggest the theory that when MDHS money leaves the agency into the hands of the nonprofit, it becomes “private” money, and therefore federal regulations do not apply.

Feig did not immediately respond to a Facebook message Friday evening

Feig notes that other universities have entered similar lease agreements (“sub grants to do youth camps”) and that they could use those contracts as a model. He also wrote that even though they would be using MDHS funds, “Rather not have MDHS named.”

“If, as MDHS falsely alleges, Favre was part of a conspiracy, it was the most public and open conspiracy in Mississippi history, it was directed and carried out by MDHS itself to transfer funds from one public state entity to another, Southern Miss, and it was vetted and approved by numerous lawyers and State officials,” Favre’s motion reads. “To hold Favre responsible under these circumstances would have no legal or factual justification.”

Nancy New’s son Zach New, a nonprofit employee, pleaded guilty to defrauding the government for his role in the volleyball sham lease agreement. He is the only one facing criminal consequences over the scheme; Nancy New’s lengthy plea agreement does not include the USM Athletic Foundation payment.

In addition to the $5 million volleyball project, MDHS claims Favre was party to a sham agreement to funnel $2.1 million in welfare money to a pharmaceutical startup company that the athlete was investing in — an allegation Favre denies.

“The Amended Complaint, again, does not, as it cannot, allege that Favre was aware that the money given to Prevacus consisted of TANF funds, even assuming that it did,” Favre’s motion reads. “And, even if Favre knew that Prevacus received public funding, he would have had no reason to suspect that there was anything improper about it—state governments routinely give financial benefits to private businesses to entice them to do business within their states—precisely what is alleged as to Prevacus.”

Favre is just one of several dozen defendants from whom MDHS is attempting to recoup tens of millions in misspent funds. Friday was a major filing deadline in the lawsuit, so several defendants filed responses at the same time, including Favre.

The court also saw filings Friday from defendants University of Southern Mississippi Athletic Foundation; former state lawmaker Will Longwitz and his lobbying firm Inside Capitol; Nick Coughlin and his company NCC Ventures; former Family Resource Center employee Amy Harris; Williams, Weiss Hester & Company, the firm responsible for auditing Nancy New’s nonprofit; and former professional wrestler Brett DiBiase, who was the first to plead guilty in the separate criminal case in 2020. Several more were expected to file by the end of the evening.

In his motion, Favre called into question the involvement of former Gov. Bryant and current Gov. Tate Reeves in the funding structure that allowed for federal grants intended to alleviate poverty to flow unchecked through the nonprofit of their politically connected friend.

“Nancy New was well connected with numerous Mississippi officials, including Davis and then-Governor Bryant, and close friends with Governor Bryant’s wife Deborah Bryant,” the motion reads. “State officials like Davis, former Governor Bryant, and current Governor Tate Reeves were aware that New, through MCEC, used State money to provide services and funding to various State initiatives through, among other things, the Family First Initiative of Mississippi, an anti-poverty program started by Governor Bryant in conjunction with other State officials.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=208175

Mississippi Today

On this day in 1961

Published

on

mississippitoday.org – Jerry Mitchell – 2024-11-22 07:00:00

Nov. 22, 1961

Credit: Courtesy: Georgia Tourism & Travel

Five Black students, made up of NAACP Youth Council members and two SNCC volunteers from Albany State College, were arrested after entering the white waiting room of the Trailways station in Albany, Georgia. 

The council members bonded out of jail, but the SNCC volunteers, Bertha Gober and Blanton Hall declined bail and “chose to remain in jail over the holidays to dramatize their demand for justice,” according to SNCC Digital Gateway. The president of Albany State College expelled them. 

Gober became one of SNCC’s Freedom Singers and wrote the song, “We’ll Never Turn Back,” after the 1961 killing of Herbert Lee in Mississippi. The tune became SNCC’s anthem. 

After her release from jail, Gober joined other students, and police arrested her and other demonstrators. Back in the same jail, she sang to the police chief and mayor to open the cells, “I hear God’s children praying in jail, ‘Freedom, freedom, freedom.’” 

Albany State suspended another student, Bernice Reagon, after she joined SNCC. She poured herself into the civil rights movement and later formed the Grammy-nominated a cappella group Sweet Honey in the Rock to educate and empower the audience and community. 

“When I opened my mouth and began to sing, there was a force and power within myself I had never heard before,” a power she said she did not know she had. 

Other members of the Freedom Singers included Cordell Reagon, Bernice Johnson, Dorothy Vallis, Rutha Harris, Bernard Lafayette and Charles Neblett. On the third anniversary of the sit-in movement in 1963, they performed at Carnegie Hall. 

“This is a singing movement,” SNCC leader James Forman told a reporter. “The songs help. Without them, it would be ugly.” 

Today, the Albany Civil Rights Institute houses exhibits on these protesters, Martin Luther King Jr. and others who joined the Albany Movement.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Continue Reading

Mississippi Today

IHL deletes the word ‘diversity’ from its policies

Published

on

mississippitoday.org – Molly Minta – 2024-11-21 14:32:00

The governing board of Mississippi’s public universities voted Thursday to delete the word “diversity” from several policies, including a requirement that the board evaluate university presidents on campus diversity outcomes.

Though the Legislature has not passed a bill targeting diversity, equity and inclusion initiatives in higher education, the Institutions of Higher Learning Board of Trustees approved the changes “in order to ensure continued compliance with state and federal law,” according to the board book

The move comes on the heels of the re-election of former President Donald Trump and after several universities in Mississippi have renamed their diversity offices. Earlier this year, the IHL board approved changes to the University of Southern Mississippi’s mission and vision statements that removed the words “diverse” and “inclusiveness.”

In an email, John Sewell, IHL’s communications director, did not respond to several questions about the policy changes but wrote that the board’s goal was to “reinforce our commitment to ensuring students have access to the best education possible, supported by world-class faculty and staff.”

“The end goal is to support all students, and to make sure they graduate fully prepared to enter the workforce, hopefully in Mississippi,” Sewell added.

On Thursday, trustees approved the changes without discussion after a first reading by Harold Pizzetta, the associate commissioner for legal affairs and risk management. But Sewell wrote in an email that the board discussed the policy amendments in open session two months ago during its retreat in Meridian, more than an hour away from the board’s normal meeting location in Jackson.

IHL often uses these retreats, which unlike its regular board meetings aren’t livestreamed and are rarely attended by members of the public outside of the occasional reporter, to discuss potentially controversial policy changes.

Last year, the board had a spirited discussion about a policy change that would have increased its oversight of off-campus programs during its retreat at the White House Hotel in Biloxi. In 2022, during a retreat that also took place in Meridian, trustees discussed changing the board’s tenure policies. At both retreats, a Mississippi Today reporter was the only member of the public to witness the discussions.

The changes to IHL’s diversity policy echo a shift, particularly at colleges and universities in conservative states, from concepts like diversity in favor of “access” and “opportunity.” In higher education, the term “diversity, equity and inclusion” has traditionally referred to a range of efforts to comply with civil rights laws and foster a sense of on-campus belonging among minority populations.

But in recent years, conservative politicians have contended that DEI programs are wasteful spending and racist. A bill to ban state funding for DEI in Mississippi died earlier this year, but at least 10 other states have passed laws seeking to end or restrict such initiatives at state agencies, including publicly funded universities, according to ABC News.

In Mississippi, the word “diversity” first appeared in IHL’s policies in 1998. The diversity statement was adopted in 2005 and amended in 2013. 

The board’s vote on Thursday turned the diversity statement, which was deleted in its entirety, into a “statement on higher education access and success” according to the board book. 

“One of the strengths of Mississippi is the diversity of its people,” the diversity statement read. “This diversity enriches higher education and contributes to the capacity that our students develop for living in a multicultural and interdependent world.”

Significantly, the diversity statement required the IHL board to evaluate the university presidents and the higher learning commissioner on diversity outcomes. 

The statement also included system-wide goals — some of which it is unclear if the board has achieved — to increase the enrollment and graduation rates of minority students, employ more underrepresented faculty, staff and administrators, and increase the use of minority-owned contractors and vendors. 

Sewell did not respond to questions about if IHL has met those goals or if the board will continue to evaluate presidents on diversity outcomes.

In the new policy, those requirements were replaced with two paragraphs about the importance of respectful dialogue on campus and access to higher education for all Mississippians. 

“We encourage all members of the academic community to engage in respectful, meaningful discourse with the aim of promoting critical thinking in the pursuit of knowledge, a deeper understanding of the human condition, and the development of character,” the new policy reads. “All students should be supported in their educational journey through programming and services designed to have a positive effect on their individual academic performance, retention, and graduation.” 

Also excised was a policy that listed common characteristics of universities in Mississippi, including “a commitment to ethnic and gender diversity,” among others. Another policy on institutional scholarships was also edited to remove a clause that required such programs to “promote diversity.” 

“IHL is committed to higher education access and success among all populations to assist the state of Mississippi in meeting its enrollment and degree completion goals, as well as building a highly-skilled workforce,” the institutional scholarship policy now reads. 

The board also approved a change that requires the universities to review their institutional mission statements on an annual basis.

A policy on “planning principles” will continue to include the word “diverse,” and a policy that states the presidential search advisory committees will “be representative in terms of diversity” was left unchanged.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Continue Reading

Mississippi Today

Closed St. Dominic’s mental health beds to reopen in December under new management

Published

on

mississippitoday.org – Gwen Dilworth – 2024-11-21 13:54:00

The shuttered St. Dominic’s mental health unit will reopen under the management of a for-profit, Texas-based company next month. 

Oceans Behavioral Hospital Jackson, a 77-bed facility, will provide inpatient behavioral health services to adults and seniors and add intensive outpatient treatment services next year. 

“Jackson continuously ranks as one of the cities for our company that shows one of the greatest needs in terms of behavioral health,” Oceans Healthcare CEO Stuart Archer told Mississippi Today at a ribbon cutting ceremony at its location on St. Dominic’s campus Thursday. “…There’s been an outcry for high quality care.” 

St. Dominic’s 83-bed mental health unit closed suddenly in June 2023, citing “substantial financial challenges.”

Merit Health Central, which operates a 71-bed psychiatric health hospital unit in Jackson, sued Oceans in March, arguing that the new hospital violated the law by using a workaround to avoid a State Health Department requirement that the hospital spend at least 17% of its gross patient revenue on indigent and charity care.

Without a required threshold for this care, Merit Health Central will shoulder the burden of treating more non-paying patients, the hospital in South Jackson argued. 

The suit, which also names St. Dominic’s Hospital and the Mississippi Department of Health as defendants, awaits a ruling from Hinds County Chancery Court Judge Tametrice Hodges-Linzey next year. 

The complaint does not bar Oceans from moving forward with its plans to reopen, said Archer.

A hallway inside Oceans Behavioral Hospital in Jackson, Miss., is seen on Thursday, Nov. 21, 2024, during the facility’s grand opening. Credit: Eric Shelton/Mississippi Today

Oceans operates two other mental health facilities in Mississippi and over 30 other locations in Louisiana, Oklahoma and Texas. 

“Oceans is very important to the Coast, to Tupelo, and it’s important right here in this building. It’s part of the state of Mississippi’s response to making sure people receive adequate mental health care in Mississippi,” said Lt. Governor Delbert Hosemann at the Nov. 21 ribbon cutting.

Some community leaders have been critical of the facility. 

“Oceans plans to duplicate existing services available to insured patients while ignoring the underserved and indigent population in need,” wrote Hinds County Sheriff Tyree Jones in an Oct. 1 letter provided to Mississippi Today by Merit Health. 

Massachusetts-based Webster Equity Partners, a private-equity firm with a number of investments in health care, bought Oceans in 2022. St. Dominic’s is owned by Louisiana-based Catholic nonprofit Franciscan Missionaries of Our Lady Health System.

Oceans first filed a “certificate of need” application to reopen the St. Dominic’s mental health unit in October 2023. 

Mississippi’s certificate of need law requires medical facilities to receive approval from the state before opening a new health care center to demonstrate there is a need for its services. 

The Department of Health approved the application under the condition that the hospital spend at least 17% of its patient revenue on free or low-cost medical care for low-income individuals – far more than the two percent it proposed. 

Stuart Archer, CEO of Oceans Healthcare, speaks during the grand opening of Oceans Behavioral Hospital in Jackson, Miss., on Thursday, Nov. 21, 2024. Credit: Eric Shelton/Mississippi Today

Oceans projected in its application that the hospital’s profit would equal $2.6 million in its third year, and it would spend $341,103 on charity care.

Merit Health contested the conditional approval, arguing that because its mental health unit provides 22% charity care, Oceans providing less would have a “significant adverse effect” on Merit by diverting more patients without insurance or unable to pay for care to its beds. 

Oceans and St. Dominic’s also opposed the state’s charity care condition, arguing that 17% was an unreasonable figure. 

But before a public hearing could be held on the matter, Oceans and St. Dominic’s filed for a “change of ownership,” bypassing the certificate of need process entirely. The state approved the application 11 days later

Merit Health Central then sued Oceans, St. Dominic and the State Department of Health, seeking to nullify the change of ownership. 

“The (change of ownership) filing and DOH approval … are nothing more than an ‘end run’ around CON law,” wrote Merit Health in the complaint. 

Oceans, St. Dominic’s and the Mississippi Department of Health have filed motions to dismiss the case. 

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Continue Reading

Trending