Attorneys defending Ted “Teddy” DiBiase Jr., the only person to face trial in a welfare fraud scandal that has rocked Mississippi over the last six years, kept their case succinct.
They began Tuesday and rested Wednesday afternoon, the 18th day of trial, after calling just four witnesses. DiBiase opted not to take the stand. On Thursday, the judge will deliver the jury’s instructions, both sides will present closing arguments and jurors will begin deliberating.
DiBiase, an ex-WWE wrestler turned influencer, is on trial on federal charges of conspiracy, wire fraud, theft and money laundering. From 2017 to 2019, he accepted $3 million in federal funds earmarked to fight poverty after striking up a close friendship with John Davis, who was then the director of the Mississippi Department of Human Services. Davis had privatized a portion of the agency by pushing tens of millions in grants to two private nonprofits that used the money to pay DiBiase and other athletes.
The defense argued that DiBiase never solicited the money from Davis, but rather that Davis offered it freely. The lawyers sought to show DiBiase did carry out work under his agreements with the nonprofits – no matter how meager the agreed upon deliverables – and that any shortfalls were the result of interference from Davis and unresponsiveness from the nonprofit directors.
According to testimony, two of the defense’s witnesses were in that same boat. Nicholas Coughlin, a business consultant, and Jesse Pierce, a client success manager, were both introduced to opportunities in the welfare arena by DiBiase’s brother, Brett DiBiase.
Both said they signed on to work for the nonprofits believing their skills – Coughlin’s relationships with industry leaders and Pierce’s passion for fitness and nutrition – would help the nonprofits in their mission to help families reach self-sufficiency. But both testified that the nonprofit directors were hard to reach, impeding them from seeing their vision actualized, despite the fact that they still got paid.
The defense also called businessman Kevin McClendon, who was working with DiBiase to pitch an idea for a phone app to the welfare agency, and New Orleans-based consultant Matthew Theriot, who helped DiBiase form one of his LLCs.
The prosecution, on the other hand, spent many days over the last several weeks questioning nearly 20 witnesses – including Davis, former DHS employees, nonprofit directors Nancy New and Christi Webb and their former employees, bank executives, federal officials, an assistant attorney general and a forensic auditor with the FBI.
DiBiase’s role with the welfare agency was that of a celebrity promoter. He’d amassed a large following on social media during his time with the WWE. This was the same reason he and Coughlin began working together prior to their welfare dealings. “It quite literally opened any door we needed to get into,” Coughlin said.
But Coughlin also said during questioning by the defense that he wouldn’t have let DiBiase handle the more sophisticated matters of their businesses, such as submitting incorporating paperwork.
Later, the prosecution tried to rebut this testimony with a text message in which DiBiase told Davis he’d only pretended not to know how to form an LLC or make powerpoints and that he pitied Coughlin.
U.S. District Judge Carlton Reeves allowed the prosecution to read the long, frenzied text to jurors – the last piece of evidence they heard before the parties rested – to the dismay of defense attorney Scott Gilbert, who said the tactic was a blatant violation of DiBiase’s rights.
The prosecution asked for three hours for closing arguments, which amused Gilbert, who indicated the defense wouldn’t need nearly that long. The trial began in January and experienced several delays, with the jury preserved throughout. Despite the trial lasting longer than expected, jurors heard from just a fraction of the roughly 80 potential witnesses named at the outset. State Auditor Shad White, whose office investigated the case, and former Gov. Phil Bryant, Davis’ boss, never appeared on the stand.
MORE TRIAL COVERAGE:Ex-wrestler sought to gamify self-help for poor Mississippians, defense witness testifies in welfare scandal trialDiBiase defense seeks to discredit witness who testifies the ex-wrestler got federal welfare money but did almost no work DiBiase radio ads, conference talks and teen rallies were not in contract for federal welfare funds, Nancy New testifiesEx-welfare director with ‘two separate personalities’ waffles on the witness stand. Some jurors tireIn trial of ex-wrestler, Mississippi’s former welfare director testifies about appeasing politicians, trying ‘my very best’Defense for ex-wrestler seeks mistrial in welfare fraud caseTrump faith initiative drove decision to hire wrestler, ex-welfare chief testifies in fraud trialWelfare director texted wrestler who was his high-paid aide about ‘money bags,’ testimony showsFeds ask disgraced former welfare director ‘million-dollar question’: Why? Loneliness and loveOpening statements in welfare scandal trial paint former director as villain who doled out millions over infatuationTRIAL PREVIEW: Ex-WWE wrestler faces feds in first – and potentially only – criminal trial in Mississippi welfare scandal
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