Mississippi Today
WWE wrestler fights new federal indictment in welfare scandal, which his attorney calls ‘armchair quarterbacking’
WWE wrestler fights new federal indictment in welfare scandal, which his attorney calls ‘armchair quarterbacking’
Former WWE wrestler Ted “Teddy” DiBiase Jr. was sitting on the front row behind former Mississippi welfare director John Davis while the now disgraced government bureaucrat testified before Congress in 2019.
Davis, who was at the time admittedly orchestrating a stunning welfare fraud scheme, was telling members of the U.S. House of Representatives Committee on Agriculture about the supposedly life changing work his department was conducting instead of making food assistance available to more Mississippians.
“We know that it takes investment in our staff through things like Law of 16,” Davis told congress members, “which is our personal and professional development programs for our staff members, to then replicate that over with our clients to make sure that they are empowered to be whom they have been called to be.”
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Law of 16 was DiBiase Jr.’s nebulous motivational speaking series, one of the projects for which he received roughly $3 million in federal welfare funds from Temporary Assistance for Needy Families (TANF) and The Emergency Food Assistance Program.
Today, nearly four years after the director spoke openly in the nation’s capital about his work, DiBiase Jr. is facing criminal charges for the first time within the larger unfolding welfare scandal, in which officials stole or misspent tens of millions of federal public assistance funds.
He pleaded not guilty and if convicted on all counts in the indictment unsealed Thursday, DiBiase Jr. faces a maximum penalty of up to 175 years in prison.
“It was the government that chose to run this program this way. And it was not a secret. This was done in front of everybody. It was done in front of the United States Congress. This was not a secret. This was not, as the federal law would say, a scheme or artifice to defraud,” Scott Gilbert, DiBiase Jr.’s criminal defense attorney, told Mississippi Today two weeks ago. “So what we’re doing now, for the most part, is second guessing and armchair quarterbacking the way government was run. And that’s not what the criminal law is for.”
This indictment, handed down by a federal grand jury, is the first that the U.S. Attorney’s Office has secured in the welfare case. Each of the other five federal defendants pleaded guilty to bills of information, which are used when a defendant chooses to plead guilty without the case going to a grand jury.
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DiBiase Jr. joins his younger brother Brett DiBiase, who also received hundreds of thousands in welfare funds, to become the eighth person to be charged criminally within the scandal, including those only charged in state court. DiBiase Jr., his brother and their father, former WWE star Ted “The Million Dollar Man” DiBiase, are all facing civil charges in a parallel lawsuit Mississippi Department of Human Services has filed against nearly four dozen people or organizations. DiBiase Sr. has not faced criminal charges.
Under the new indictment, DiBiase Jr. faces 13 criminal counts under Title 18 of the U.S. Code, the main criminal code of the federal government, ranging from conspiracy, wire fraud, theft of federal funds and money laundering.
“It’s ironic that he was involved with the Law of 16, a questionable program at best, because he’s now going to get familiar with the Law of 18, which is Title 18 of the U.S. Code,” quipped current Mississippi Department of Human Services Director Bob Anderson, a former prosecutor tapped by Gov. Tate Reeves to lead the welfare agency after the scandal broke in 2020.
Anderson has said he is cooperating with the federal authorities in their ongoing investigation for his entire tenure at MDHS.
“I believe they will do everything to bring all additional charges they think are appropriate in this case,” he added after DiBiase Jr.’s arraignment Thursday.
Prosecutors say DiBiase Jr. secured at least five “sham contracts” in 2017 and 2018 with two nonprofits, Mississippi Community Education Center and Family Resource Center of North Mississippi, who were receiving tens of millions of federal welfare funds to run a statewide anti-poverty initiative called Families First for Mississippi. The directors of those nonprofits, Nancy New and Christie Webb, have both pleaded guilty within the scheme.
Davis and DiBiase Jr. met after the director initially hired his younger brother, Brett DiBiase, in an executive level position at MDHS in 2017, despite him lacking qualifications for the job. Davis became close with the DiBiase brothers, first Brett and then Teddy. Their communication reflects a familial relationship in which they discussed their faith, hardships, and told each other, “I love you.”
Davis retired from office in mid-2019, shortly after the D.C. trip, after his deputy, Jacob Black, who is facing his own charges in the parallel civil suit, brought a tip of suspected fraud to former Gov. Phil Bryant. In the months leading up to his ousting, Davis expressed concern that his relationship with DiBiase Jr. had weakened.
“I hate that you feel that way,” DiBiase Jr. wrote to Davis in a March 2019 text message. “… You definitely don’t have to ‘chase’ after me … Just want you to know I love you dearly, and I’m so grateful for your friendship.”
In its civil suit, MDHS alleges DiBiase Jr. “exploited his close relationship with John Davis to further enrich his family and friends.”
Under Davis’ direction, the nonprofits made up front payments to DiBiase Jr. “regardless of whether any work had been performed and knowing that no work likely ever would be performed,” the new indictment alleges.
The nonprofits hired DiBiase Jr. to perform vague services — such as leadership outreach, addressing the needs of inner city youth and assessing the need for emergency food assistance — with little requirement of outcomes.
But according to audit reports, interviews and a review of communication, Davis frequently required DiBiase Jr. to accompany him in his day-to-day executive meetings and tasks, interrupting DiBiase Jr.’s duties under the contract.
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“It’s just sort of bizarre to think of the executive director of the Department of Human Services actually conducting himself on a regular basis in ways that thwart and interfere with the ability of the contractor to do the work. But that’s exactly what went on, on a regular basis,” Gilbert said.
“You’ve got a guy who’s here that’s trying to perform and do what he’s supposed to do, and to a large extent he does,” Gilbert said. “And then you’ve got this person running MDHS that for whatever reason feels like the best use of Teddy’s time is not to perform his contracts, but to follow him around to meetings and to other events and things like that. And it just, it’s nonsensical. … I don’t know of anybody that understands really what that was about other than just, it’s just pure absurdity.”
The indictment alleges that the money that went to DiBiase Jr. “were diverted from needy families and low-income individuals in Mississippi.”
However, states have long legally diverted funds from the national Temporary Assistance for Needy Families program away from families in need. Since welfare reform in the 90’s, when TANF was created, states have used the lax guidelines in federal statute to shrink the side of the program that provides monthly cash assistance, known as the welfare check, and put the money instead into other programs or pet projects.
Even today, Mississippi’s welfare agency uses only about 5% of its TANF block grant on the welfare check.
While the other TANF programs are supposed to serve one of three other goals — promoting job preparation and marriage, preventing out-of-wedlock pregnancies and encouraging two-parent families — the federal government provides virtually no oversight to ensure that the programs supported by these funds actually correspond with these goals.
In the case of the Mississippi welfare scandal, which involves officials using $5 million in TANF funds to build a volleyball stadium at University of Southern Mississippi, the spending had become especially egregious.
The indictment alleges DiBiase Jr. used the federal funds he received to buy himself a vehicle and a boat and to put a down payment on a roughly $1.5 million lakeside home in the Madison community of Reunion, which the federal government has since seized.
Gilbert is confident the federal government doesn’t have a viable case against his client. He says there are several problems with the prosecution’s legal theory. In the welfare fraud case, prosecutors have used a specific theft or bribery statute, 18 U.S. Code § 666, which applies to agents of an organization or agency that receives federal funds obtaining funding by fraud. Two of DiBiase Jr.’s 13 counts fall under this statute. Gilbert said his client cannot be charged with this crime since he was not an agent of an organization that received federal funds. He makes the distinction that because DiBiase Jr. was a contractor under the nonprofit, not the state agency, he was never an agent of the federal funds.
Gilbert also contests the government’s claim that DiBiase Jr.’s contracts were a “sham.” DiBiase Jr. did conduct work under the contracts, Gilbert said, and any work he did not conduct was as a result of Davis’ interference.
“The big issue from a criminal defense perspective is: Did someone obtain money or property from the government by being dishonest? And what I can tell you in this case is, these contracts, the work that was done, I’ve yet to see a single shred of evidence that would show that Teddy DiBiase was dishonest with anybody about anything in order to get these contracts. These contracts were awarded to him. They came to him. He didn’t solicit anything from MDHS. He undertook these contracts and attempted to perform the work.”
“So what this boils down to is do people feel like this was an appropriate use of TANF money or other money to carry out the function of government?” Gilbert continued. “That’s a fair question, and that’s a question that reasonable people absolutely can disagree about. But it’s not a crime. You resolve your dissatisfaction with the way the government functions at the polling place.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1898
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Feb. 22, 1898
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Frazier Baker, the first Black postmaster of the small town of Lake City, South Carolina, and his baby daughter, Julia, were killed, and his wife and three other daughters were injured when a lynch mob attacked.
When President William McKinley appointed Baker the previous year, local whites began to attack Baker’s abilities. Postal inspectors determined the accusations were unfounded, but that didn’t halt those determined to destroy him.
Hundreds of whites set fire to the post office, where the Bakers lived, and reportedly fired up to 100 bullets into their home. Outraged citizens in town wrote a resolution describing the attack and 25 years of “lawlessness” and “bloody butchery” in the area.
Crusading journalist Ida B. Wells wrote the White House about the attack, noting that the family was now in the Black hospital in Charleston “and when they recover sufficiently to be discharged, they) have no dollar with which to buy food, shelter or raiment.
McKinley ordered an investigation that led to charges against 13 men, but no one was ever convicted. The family left South Carolina for Boston, and later that year, the first nationwide civil rights organization in the U.S., the National Afro-American Council, was formed.
In 2019, the Lake City post office was renamed to honor Frazier Baker.
“We, as a family, are glad that the recognition of this painful event finally happened,” his great-niece, Dr. Fostenia Baker said. “It’s long overdue.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Memorial Health System takes over Biloxi hospital, what will change?
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by Justin Glowacki with contributions from Rasheed Ambrose, Javion Henry, McKenna Klamm, Matt Martin and Aidan Tarrant
BILOXI – On Feb. 1, Memorial Health System officially took over Merit Health Biloxi, solidifying its position as the dominant healthcare provider in the region. According to Fitch Ratings, Memorial now controls more than 85% of the local health care market.
This isn’t Memorial’s first hospital acquisition. In 2019, it took over Stone County Hospital and expanded services. Memorial considers that transition a success and expects similar results in Biloxi.
However, health care experts caution that when one provider dominates a market, it can lead to higher prices and fewer options for patients.
Expanding specialty care and services
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One of the biggest benefits of the acquisition, according to Kristian Spear, the new administrator of Memorial Hospital Biloxi, will be access to Memorial’s referral network.
By joining Memorial’s network, Biloxi patients will have access to more services, over 40 specialties and over 100 clinics.
“Everything that you can get at Gulfport, you will have access to here through the referral system,” Spear said.
One of the first improvements will be the reopening of the Radiation Oncology Clinic at Cedar Lake, which previously shut down due to “availability shortages,” though hospital administration did not expand on what that entailed.
“In the next few months, the community will see a difference,” Spear said. “We’re going to bring resources here that they haven’t had.”
Beyond specialty care, Memorial is also expanding hospital services and increasing capacity. Angela Benda, director of quality and performance improvement at Memorial Hospital Biloxi, said the hospital is focused on growth.
“We’re a 153-bed hospital, and we average a census of right now about 30 to 40 a day. It’s not that much, and so, the plan is just to grow and give more services,” Benda said. “So, we’re going to expand on the fifth floor, open up more beds, more admissions, more surgeries, more provider presence, especially around the specialties like cardiology and OB-GYN and just a few others like that.”
For patient Kenneth Pritchett, a Biloxi resident for over 30 years, those changes couldn’t come soon enough.
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Pritchett, who was diagnosed with congestive heart failure, received treatment at Merit Health Biloxi. He currently sees a cardiologist in Cedar Lake, a 15-minute drive on the interstate. He says having a cardiologist in Biloxi would make a difference.
“Yes, it’d be very helpful if it was closer,” Pritchett said. “That’d be right across the track instead of going on the interstate.”
Beyond specialty services and expanded capacity, Memorial is upgrading medical equipment and renovating the hospital to improve both function and appearance. As far as a timeline for these changes, Memorial said, “We are taking time to assess the needs and will make adjustments that make sense for patient care and employee workflow as time and budget allow.”
Unanswered questions: insurance and staffing
As Memorial Health System takes over Merit Health Biloxi, two major questions remain:
- Will patients still be covered under the same insurance plans?
- Will current hospital staff keep their jobs?
Insurance Concerns
Memorial has not finalized agreements with all insurance providers and has not provided a timeline for when those agreements will be in place.
In a statement, the hospital said:
“Memorial recommends that patients contact their insurance provider to get their specific coverage questions answered. However, patients should always seek to get the care they need, and Memorial will work through the financial process with the payers and the patients afterward.”
We asked Memorial Health System how the insurance agreements were handled after it acquired Stone County Hospital. They said they had “no additional input.”
What about hospital staff?
According to Spear, Merit Health Biloxi had around 500 employees.
“A lot of the employees here have worked here for many, many years. They’re very loyal. I want to continue that, and I want them to come to me when they have any concerns, questions, and I want to work with this team together,” Spear said.
She explained that there will be a 90-day transitional period where all employees are integrated into Memorial Health System’s software.
“Employees are not going to notice much of a difference. They’re still going to come to work. They’re going to do their day-to-day job. Over the next few months, we will probably do some transitioning of their computer system. But that’s not going to be right away.”
The transition to new ownership also means Memorial will evaluate how the hospital is operated and determine if changes need to be made.
“As we get it and assess the different workflows and the different policies, there will be some changes to that over time. Just it’s going to take time to get in here and figure that out.”
During this 90-day period, Erin Rosetti, Communications Manager at Memorial Health System said, “Biloxi employees in good standing will transition to Memorial at the same pay rate and equivalent job title.”
Kent Nicaud, President and CEO of Memorial Health System, said in a statement that the hospital is committed to “supporting our staff and ensuring they are aligned with the long-term vision of our health system.”
What research says about hospital consolidations
While Memorial is promising improvements, larger trends in hospital mergers raise important questions.
Research published by the Rand Corporation, a nonprofit, nonpartisan research organization, found that research into hospital consolidations reported increased prices anywhere from 3.9% to 65%, even among nonprofit hospitals.
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The impact on patient care is mixed. Some studies suggest merging hospitals can streamline services and improve efficiency. Others indicate mergers reduce competition, which can drive up costs without necessarily improving care.
When asked about potential changes to the cost of care, hospital leaders declined to comment until after negations with insurance companies are finalized, but did clarify Memorial’s “prices are set.”
“We have a proven record of being able to go into institutions and transform them,” said Angie Juzang, Vice President of Marketing and Community Relations at Memorial Health System.
When Memorial acquired Stone County Hospital, it expanded the emergency room to provide 24/7 emergency room coverage and renovated the interior.
When asked whether prices increased after the Stone County acquisition, Memorial responded:
“Our presence has expanded access to health care for everyone in Stone County and the surrounding communities. We are providing quality healthcare, regardless of a patient’s ability to pay.”
The response did not directly address whether prices went up — leaving the question unanswered.
The bigger picture: Hospital consolidations on the rise
According to health care consulting firm Kaufman Hall, hospital mergers and acquisitions are returning to pre-pandemic levels and are expected to increase through 2025.
Hospitals are seeking stronger financial partnerships to help expand services and remain stable in an uncertain health care market.
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Source: Kaufman Hall M&A Review
Proponents of hospital consolidations argue mergers help hospitals operate more efficiently by:
- Sharing resources.
- Reducing overhead costs.
- Negotiating better supply pricing.
However, opponents warn few competitors in a market can:
- Reduce incentives to lower prices.
- Slow wage increases for hospital staff.
- Lessen the pressure to improve services.
Leemore Dafny, PhD, a professor at Harvard and former deputy director for health care and antitrust at the Federal Trade Commission’s Bureau of Economics, has studied hospital consolidations extensively.
In testimony before Congress, she warned: “When rivals merge, prices increase, and there’s scant evidence of improvements in the quality of care that patients receive. There is also a fair amount of evidence that quality of care decreases.”
Meanwhile, an American Hospital Association analysis found consolidations lead to a 3.3% reduction in annual operating expenses and a 3.7% reduction in revenue per patient.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Adopted people face barriers obtaining birth certificates. Some lawmakers point to murky opposition from judges
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When Judi Cox was 18, she began searching for her biological mother. Two weeks later she discovered her mother had already died.
Cox, 41, was born in Gulfport. Her mother was 15 and her father didn’t know he had a child. He would discover his daughter’s existence only when, as an adult, she took an ancestry test and matched with his niece.
It was this opaque family history, its details coming to light through a convergence of tragedy and happenstance, that led Cox to seek stronger legal protections for adopted people in Mississippi. Ensuring adopted people have access to their birth certificates has been a central pillar of her advocacy on behalf of adoptees. But legislative proposals to advance such protections have died for years, including this year.
Cox said the failure is an example of discrimination against adopted people in Mississippi — where adoption has been championed as a reprieve for mothers forced into giving birth as a result of the state’s abortion ban.
“A lot of people think it’s about search and reunion, and it’s not. It’s about having equal rights. I mean, everybody else has their birth certificate,” Cox said. “Why should we be denied ours?”
Mississippi lawmakers who have pushed unsuccessfully for legislation to guarantee adoptees access to their birth certificate have said, in private emails to Cox and interviews with Mississippi Today, that opposition comes from judges.
“There are a few judges that oppose the bill from what I’ve heard,” wrote Republican Sen. Angela Hill in a 2023 email.
Hill was recounting opposition to a bill that died during the 2023 legislative session, but a similar measure in 2025 met the same fate. In an interview this month, Hill said she believed the political opposition to the legislation could be bound up with personal interest.
“Somebody in a high place doesn’t want an adoption unsealed,” Hill said. “I don’t know who we’re protecting from somebody finding their birth parents,” Hill said. “But it leads you to believe some people have a very strong interest in keeping adoption records sealed. Unless it’s personal, I don’t understand it.”
In another 2023 email to Cox reviewed by Mississippi Today, Republican Rep. Lee Yancey wrote that some were concerned the bill “might be a deterrent to adoption if their identities were disclosed.”
The 2023 legislative session was the first time a proposal to guarantee adoptees access to their birth certificates was introduced under the state’s new legal landscape surrounding abortion.
In 2018, Mississippi enacted a law that banned most abortions after 15 weeks. The state’s only abortion clinic challenged the law, and that became the case that the U.S. Supreme Court used in 2022 to overturn Roe v. Wade, its landmark 1973 ruling that established a nationwide right to abortion.
Roe v. Wade had rested in part on a woman’s right to privacy, a legal framework Mississippi’s Solicitor General successfully undermined in Dobbs v. Jackson Women’s Health Organization. Before that ruling, anti-abortion advocates had feared allowing adoptees to obtain their birth certificates could push women toward abortion rather than adoption.
Abortion would look like a better option for parents who feared future contact or disclosure of their identities, the argument went. With legal access to abortion a thing of the past in Mississippi, Cox said she sees a contradiction.
“Mississippi does not recognize privacy in that matter, as far as abortions and all that. So if you don’t acknowledge it in an abortion setting, how can you do it in an adoption setting?” Cox said. “You can’t pick and choose whether you’re going to protect my privacy.”
Opponents to legislation easing access to birth certificates for adoptees have also argued that such proposals would unfairly override previous affidavits filed by birth parents requesting privacy.
The 2025 bill, proposed by Republican Rep. Billy Calvert, would direct the state Bureau of Vital Records to issue adoptees aged 21 and older a copy of their original birth certificate.
The bill would also have required the Bureau to prepare a form parents could use to indicate their preferences regarding contact from an adoptee. That provision, along with existing laws that guard against stalking, would give adoptees access to their birth certificate while protecting parents who don’t wish to be contacted, Cox said.
In 2021, Cox tried to get a copy of her birth certificate. She asked Lauderdale County Chancery Judge Charlie Smith, who is now retired, to unseal her adoption records. The Judge refused because Cox had already learned the identity of her biological parents, emails show.
“With the information that you already have, Judge Smith sees no reason to grant the request to open the sealed adoption records at this time,” wrote Tawanna Wright, administrator for the 12th District Chancery Court in Meridian. “If you would like to formally file a motion and request a hearing, you are certainly welcome to do so.”
In her case and others, judges often rely on a subjective definition of what constitutes a “good cause” for unsealing records, Cox said. Going through the current legal process for unsealing records can be costly, and adoptees can’t always control when and how they learn the identity of their biological parents, Cox added.
After Cox’s biological mother died, her biological uncle was going through her things and came across the phone number for Cox’s adoptive parents. He called them.
“My adoptive mom then called to tell me the news — just hours after learning I was expecting my first child,” Cox said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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