State Auditor Shad White lost his battle to recover $228,000 in unpaid interest from Brett Favre after the Mississippi Supreme Court ruled today only the Attorney General can sue to recover misspent funds.
The State Auditor issued a demand for $828,000 upon Mississippi football legend Brett Favre in October 2021. The sum demanded included $600,000 in principal and $228,000 in interest. Mr. Favre paid $600,000. Mr. White's office sued Mr. Favre for the interest in November 2021.
Mr. Favre sued the State Auditor in Hinds County Circuit Court for defamation. Mr. White counterclaimed and included the $228,000 demand. General Fitch withdrew representation of Mr. White, claiming a conflict of interest. Mr. White had criticized the Attorney General in his book about the TANF scandal, Mississippi Swindle. General Fitch said the book created a conflict that could not be waived and got off the case.
The Attorney General claimed she alone had the right to pursue the clawback lawsuit and instituted her own proceedings against Mr. Favre and the other TANF defendants. However, the Attorney General's lawsuit did not include the claim of $228,000 of interest and that is where the rub lies.
Mr. White pursued the claim in Hinds County Chancery Court, stating he had the authority to do so since the Attorney General declined to recover the interest.
General Fitch petitioned the Chancellor to issue a declaratory judgment against Mr. White's lawsuit:
30. Auditor White lacks statutory authority to prosecute suits pursuant to MISS. CODE ANN. § 7·7·211(g). At no time has the Attorney General declined to prosecute the Favre Demand under MISS. CODE ANN. § 7·7·21l(g), and MISS. CODE ANN. § 7·5·39 does not apply.(a) The Attorney General has the exclusive statutory authority to prosecute suits and manage litigation under MISS. CODE ANN.§§ 7-5-1 and 7-7-211(g);
Hinds County Chancellor Dewayne Thomas disagreed and said the Mississippi Code gave Mr. White the authority to prosecute clawback lawsuits such as the one at hand. The Attorney General appealed.
The Supreme Court said there are two issues: Does the Attorney General have the sole authority to prosecute litigation and does the State Auditor have the power to sue for recovery of money.
The Court said Section 7-5-1 of the Mississippi Code empowers General Fitch:
[She] shall be the chief legal officer and advisor for the state, both civil and criminal, and is charged with managing all litigation on behalf of the state, except as otherwise specifically provided by law. . . . [She] shall have the powers of the Attorney General at common law and, except as otherwise provided by law, is given the sole power to bring or defend a lawsuit on behalf of a state agency, the subject matter of which is of statewide interest.
Thus only the Attorney General has the power to sue and prosecute on behalf of the state unless there is an exception carved out in the law. Is there such an exception? The Court said no as it quoted Section 7-7-211(g) of the Mississippi Code:
In the event, however, such person or persons or each surety shall refuse, neglect or otherwise fail to pay the amount demanded and the interest due thereon within the allotted thirty (30) days, the State Auditor shall have the authority and it shall be his duty to institute suit, and the attorney general shall prosecute the same.
State Auditor Shad White argues the statute gives him the authority to pursue such lawsuits. However, the Court ruled otherwise:
Reading Section 7-7-211(g) as giving the auditor the authority to file suit for the recovery of money conflicts with Section 7-5-1 as giving the attorney general “the sole power to bring or defend a lawsuit filed on behalf of a state agency.” However, reading Sections 7-5-1 and 7-7-211(g) in tandem and with historical context in mind, we find a common-sense separation of duties as prescribed by the Legislature—that the auditor will audit and that the attorney general will litigate.
The Court decreed the State Auditor thus lacks the power to prosecute and manage litigation seeking the recovery of funds.
Mr. White responded to the decision:
Now that the court has ruled that Lynn Fitch has the sole authority to file suit to get misspent taxpayer money back, I can only assume the Attorney General will now change course and begin to aggressively fight in court for the recovery of all the welfare money. Maybe she will fight as hard to do that as she fought to stop me from recovering the money. Mississippi taxpayers deserve nothing less.
At least there were no hallucinations.
40 comments:
Lynn Fetch is protecting Favre for some reason, and she needs to be questioned relentlessly to answer why she is not protecting taxpayers.
Perhaps Shad could go to Jody Owen's like he did before.
"the State Auditor shall have the authority and it shall be his duty to institute suit, and the attorney general shall prosecute the same."
Is it that difficult to understand?
Does this mean Shad writes another book?
Shad needs to quit screwing with innocent people and go after criminals. The hunt Farve and Debiase really gave him 2 black eyes.
I'm not sure if he doesn't understand, or doesn't want to understand.
This is why Mississippi doesn't need any more politicians that matriculated at the wrong Oxford! One is already more than enough to f*ck things up!
More fundraisers for Lynn
Harvard Law Graduate = 0 / Ole Miss Law Graduate = 1
SCOMS is a fickle bunch. Lynn has been cozy with both Favre and Branning for a while, so none of this is surprising. Say what you will about him, but at least Shad tried to do something.
MS law says Favre owes the interest in question. The real question is why the AG will not do her job.
Shad be got his ass whooped.
Shadster for Gov.
Isn’t PFEEL actually responsible for all of this?
I think Shad is an expert in shit-stirring for political posture. He already knew the outcome of that case but did it to make Fitch look bad -- but given her recent track record, she seems to be able to make herself look bad without any help.
All of this pissing on each other over the interest. I am so very proud of both of them....
Shadrack got b!+chslapped.
Is his social media team on it yet?
Watch out low hanging fruit, Shad's gonna be out picking next week fer shure!
One things for sure, it's said that Phil blew the whistle!
the primary should be fun at least.
Fitch is too dumb to understand the concept of interest. That’s the reason she isn’t going after it.
Shad should run for AG. THAT would be a funny race.
4:09
I’m curious. What Ms law says Favre owes the interest?
If I sell you my horse, but you never come pick it up. Do I have to give your money back? Plus interest!
If I pay you in advance to drive me to Dallas, but I never ask you to actually drive me. Do you have to give the money back? Plus interest!
If I pay Taylor Swift in advance to sing at my wedding, but I never actually ask her to come sing. Well, you get the idea.
It is said… ha, by whom?
It is sad.
Favre was paid for services he never performed. He repaid the principal amount, but the dispute is about the interest owed on the money while it was in his possession. Mississippi Code 75-17-1, 8%. This has nothing to do with the volleyball court.
Remove all the cat hissing going on here - the question is still viable: does Lynn have a duty to clawback those dollars or not?
The interest is owed to the State. Why is Fitch protecting Favre instead of upholding her duties? Everyone knows she’s useless.
Come on. Everybody knows y'all will keep voting for these R losers because there's no way you'd vote for a more competent D candidate. Enjoy your whining, but this is just sound and fury. It signifies nothing. At least be honest with yourselves.
I'm not going to carefully read the whole opinion because I just don't care that much, but the question of whether Lynnykins is doing her job and whether Shaddyboy can do it for her if he doesn't agree with the way she does or does not do it are two completely different questions. For the most part, courts and especially appellate courts don't answer questions not properly before them. Plus, the right or duty to FILE a lawsuit and the standing or ability to LITIGATE that suit are two completely different things.
Don’t be surprised if Favre made a nice campaign donation to Fitch.
"shall" is more ambiguous than many people think, such that the MSSC is revising the civ-pro rules to, among other things, get rid of "shall."
You would have to find a competent D candidate first. There hasn’t been one is quite awhile. We R’s can actually see what D’s do the city and states they are in charge of. Once the D’s can stop the craziness they call their best and brightest, then we can talk.
He paid the actual money back and was never assigned any engagements. I see Bretts issue and he is prolly right. If Lynn tried she would lose.
The whole thing was a free handout that got exposed. Current law says he owes the money. Way too much money flowing to USM associated people for this to be a coincidence. Phil’s Alma Mater.
@8:25 AM, exactly. Shad could have filed the lawsuit, including the claim for interest, then turned the case over the Fitch for prosecution. But the Little Man's big ego wouldn't let him have anyone else prosecute the case.
7:52, maybe there is more behind the scenes that we are not being told. Remember, news agencies make more money on anger of population than telling the whole story. The general public only knows what they are told, most of the time. No one will go to jail, be indicted or pay any fine for any of this. It wouldn’t matter who was in charge. Membership has it privileges.
7:53 here again. I'm planning to vote against every incumbent, R and D. The devil you know is NOT necessarily better than the one you don't. What we have now is not cutting it. I'm a fed up Republican, and I'll give anybody a chance over what we have now.
Shad White is an immature CHILD. Lord help us if enough of the electorate are fooled into voting for him for governor.
I predicted this. Can I bet on what happens from here in the poly market? I already know the outcome. It is so predictable. Republicans will cream Shad White. Lynn Fitch will do nothing. The poor will never be vindicated nor helped. Mississippi will never change. Those who escape punishment will cry fowl but will continue to fly high because they were protected. They did just like they were trained - Eat the little guy, blame everyone else and then tell the world how great u are.
Because in Mississippi, there are rules for thee and rules for the rest. Favre will be protected. Anyone in finance understands compensating interest just not Mississippi.
The poor need to help themselves instead of waiting on the government to pull them up. We spend millions each year on helping the poor, are they out of poverty yet? I know people that wear being poor like a badge of honor. Everyone can change their situation, the problem is, it takes work and sacrifice to do that. We can blame whoever you want, we are each responsible for our own lives and the direction we take it in.
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