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Some updates on the ongoing criminal case against former WWE star Ted DiBiase Jr. before The Mississippi Southern District Court.
In recent weeks, the prosecution and DiBiase's defense team have been going back and forth regarding several Motions related to the case. On 11/24, the Court ruled on those Motions.
In one motion, the Government had asked the Court to prohibit any argument or evidence about the Government’s charging decisions being used to suggest DiBiase was not guilty as we as any claim or insinuation of selective prosecution in front of the jury. The Court noted that DiBiase's attorneys have stated they do not plan to raise that as a defense and that the selective prosecution defense will not allowed. The Court also confirmed DiBiase cannot introduce evidence for the purpose of making that argument. The Court, however, refused to issue a blanket ban on all evidence that could overlap with issues related to charging decisions, noting some evidence might be relevant to other permissible defenses. The Judge stated they will instruct both parties to raise any specific pieces of evidence during a bench conference, so the Judge can make a determination on whether it will be included.
In the second motion, the prosecution said they were attempting to exclude any information coming from media or secondhand sources about "the defendant, witnesses, or the alleged conduct/any evidence of wrongdoing by other people" that the defense may attempt to utilize at trial. The court denied that request, stating the Government didn’t identify any specific evidence, so the request was too broad. The Government may object during trial if they feel a particular piece of evidence is hearsay or irrelevant with the Judge ruling at that point.
Regarding a motion about third-party wrongdoing being introduced during the trial, the Court agreed, stating that evidence stating that others engaged in illegal conduct would be irrelevant unless tied to a conspiracy involving the defendant. They also ruled that during the trial, DiBiase's team could not introduce evidence of others' alleged misconduct to argue DiBIase didn't commit any offenses because :others" did something similar.
Regarding the potential of DiBiase using third-party conduct used to show lack of intent, the Court ruled DiBiase will not be allowed to use third-party behavior simply to show he didn’t commit the charged crime. The Court did leave the door open that some some third-party conduct might be admissible if it is tied to showing DiBiase’s knowledge or intent. Since no specific evidence was introduced, the Judge would rule on any during trial if there are objections that arise when it is potentially introduced.
A third motion brought by the Prosecution was denied by the Court, citing that the Government did not identify specific evidence it wanted excluded. So, citing that the Motion was "overly broad", the Court denied that Motion.
DiBiase Jr. was arrested in April 2023 on one count of conspiracy to commit wire fraud and to commit theft concerning programs receiving federal funds, six counts of wire fraud, two counts of theft concerning programs receiving federal funds, and four counts of money laundering.
If convicted, the third generation pro wrestling star faces a maximum penalty of five years in prison for the conspiracy count, a maximum penalty of 20 years in prison for each wire fraud count, and a maximum penalty of 10 years in prison for each count of theft concerning programs receiving federal funds and for each count of money laundering.
DiBiase is facing a maximum of five year's imprisonment on the one count of conspiracy and up to a $250,00 fine, a maximum of 20 years imprisonment and up to a $250,000 fine on the wire fraud counts, up to five years' imprisonment and up to a $250,000 fine regarding the charges of theft involving programs receiving federal funds, a maximum of ten years' imprisonment and up to a $250,000 fine for charges of Monetary Transactions in Excess of $10,000 with the Proceeds of Specified Unlawful Activity. So, that's a potential of 45 years imprisonment and a million dollar fine.
The indictment against DiBiase alleges that in conjunction with his co-conspirators John Davis, Christi Webb, Nancy New, and others, he fraudulently obtained federal funds from The Emergency Food Assistance Program (TEFAP) and the Temporary Assistance for Needy Families (TANF) programs in order to misappropriate the money for his own personal use and benefit.
DiBiase is charged with allegedly using two different companies, Priceless Ventures LLC (of which he was the manager and owner) and Familiae Orientem LLC (of which he owned 99%) to receive money from "at least five sham contracts" which were "used as vehicles to defraud and steal federal finds" from the Mississippi Department of Human Resources, TEFAP, TANF and other federal programs. The indictment claims that beginning around 2016 and continuing through "in or around" 2019, DiBiase "knowingly and willfully, that is, with the intent to further the objects of the conspiracy, conspired and agreed" to commit wire fraud and to steal from projects receiving federal funds. The indictment claims that federal funds were issued to the MDHS for distribution to needy families and low-income individuals but instead sham contracts were awarded for delivery of social services, despite "knowing that the recipients were not qualified to provide social services and/or would not provide them."
The government claims that DiBiase, through his companies, entered into five different sham contracts and that he was paid in full or "almost full" payments, regardless of "whether any work had been performed and knowing that no work likely would ever be performed" - with the allegations being that DiBiase misused these funds for a down payment on a purchase of a house, the purchase of a boat and the purchase of a vehicle, among other expenditures. He then never followed through with anything he was allegedly contracted to do.
The indictment against DiBiase claimed that on 5/15/18, The Family Resource Center of North Mississippi Inc., which had been provided federal funds by the MDHS, entered into a sham contract with DiBiase via his Priceless LLC for $500,000 for leadership outreach services, paying him two payments totaling that amount around the same time. A second sham contract with Priceless was entered into by the Mississippi Community Education Center around the same time resulted in an additional $500,000 payment made. DiBiase deposited $1,020,833.33 into a bank account for Priceless LLC on 5/17. On 5/22/18, FRC entered into another sham contract with DiBiase's Priceless LLC to "purportedly assess the need for emergency food assistance" for $497,987. On 6/26/18, just one day after his Familiae LLC company was created, DiBiase entered into a sham contract with the FRC for $1 million "purportedly to create the RISE Program to address the needs of inner-city youth." The fifth and final alleged sham contract was entered into around 10/1/18 when Priceless signed a $250,000 agreement "for the delivery of services" for MCEC.
The government is alleging one count of wire fraud by virtue of DiBiase transferring money from the Familiae LLC account to an account for K&T Management, another company owned by DiBiase as well as $401,304.37 in money transferred for the purchase of property. They are seeking the forfeiture of that property, located at 115 Rosedowne Bend in Madison, MS as well any money that DiBiase received and profited from in related to the crimes he is alleged to have taken part in.
Court records indicate DiBiase, his wife Kristen and the United States government had been locked in a legal battle over the Madison, MS property dating back to 2020 and that on 3/7/23, the couple signed an agreement to forfeit the property so that United States Marshalls could sell it off and recoup that money. There is no word whether the property has been sold by the government as that case is still listed as open in court records.
DiBiase previously plead not guilty to all charges before The Mississippi Southern District Court and was released on an unsecured $10,000 bond. He was told he must advise the court before making any changes of his residence or phone number, must give a DNA sample to the court if requested and must not violate any federal, state or local laws while released.
When asked for comment leaving the court by WAPT-TV, DiBiase remarked, “Jesus loves you, brother. God bless you, man. That's it." His attorney attempted to prevent him from speaking but was unsuccessful.
During that court hearing, prosecutors stated that DiBiase tested positive for both Adderall and marijuana the morning of his arrest. His attorney stated DiBiase had used hemp oil and taken a CBD gummy, which is why he tested positive for marijuana. His attorney also stated that DiBiase has been diagnosed with ADHD, which is why he used Adderall, but admitted his client did not have a current prescription. He had instead been using his brother's prescription medicine.
There will be a pre-trial hearing on 12/8 DiBiase is currently set to stand trial on 1/6/26.
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