The U.S. Department of Justice Tuesday filed a superseding indictment in its prosecution of the Southern Poverty Law Center in April.
The updated criminal complaint increased the number of charges filed against the SPLC from 11 to 14 and included another defendant, Heidi Beirich, who managed the covert program the civil rights group operated to obtain intelligence from extremist groups dating back to the 1980s.
“The indictment unsealed today reflects the continued work of federal investigators and prosecutors in examining this alleged scheme,” said U.S. Attorney Thomas Govan, in a statement published Wednesday. “We look forward to presenting the evidence in court and allowing the judicial process to determine the facts and the defendants’ responsibility for the alleged crimes.”
The SPLC said in a statement Thursday that confronting extremist groups “is among the most dangerous work there is, and we believe it is also among the most important work we do.”
“The actions taken by the DOJ will not shake our resolve,” the statement said. “We remain steadfast in our fight for justice and in our commitment to ensuring the promise of the Civil Rights movement becomes a reality for all. We are confident in our position and look forward to presenting the evidence and making our case in court.”
Michael Procter, an attorney for Beirich, said in a statement that Beirich was innocent,” and this case is without merit.”
“We believe the charges against her and the SPLC are politically motivated, and Dr. Beirich has been targeted in this case because of the important work she has done to combat hate groups and extremists,” the statement said.
He added that “violent extremists have not prevented Beirich from continuing her work.”
“Dr. Beirich won’t be silenced or intimidated by the government’s false and politicized allegations now,” Proctor said. “She welcomes the opportunity to present the truth in court.”
A message was sent to Proctor on Thursday seeking additional comment.
DOJ alleges that a now-discontinued paid informant program run by SPLC, intended to monitor and disrupt the activities of white supremacist and terrorist groups, amounted to material support for those groups and fraud on SPLC donors.
The U.S. Justice Department alleges in the indictment that Beirich and the civil rights group opened bank accounts for various shell companies that the SPLC used to pay individuals embedded with white supremacy groups
The money the SPLC used to pay informants came from donations collected by the organization for the stated purpose of dismantling such groups. However, the government said in the indictment that the money was used for a different purpose.
“However, unbeknownst to donors, some of their donated money was used to fund the leaders and organizers of racist groups, including the Ku Klux Klan, the Aryan Nations, and the National Alliance,” the superseding indictment said. “The SPLC’s paid individuals (‘field sources’) engaged in the active promotion of racist groups at the same time that the SPLC was denouncing the same groups on its website.”
SPLC says the program was necessary to obtain information on the plans of such groups. According to SPLC, the materials were passed on to law enforcement to assist with investigations and were used as content in various publications that informed the public about the activities of the groups. The fictitious companies also protected the identities of their informants.
SPLC moved to have the case dismissed this spring, arguing the DOJ was pursuing vindictive prosecution for SPLC’s opposition to the actions of President Donald Trump. A federal judge last week denied the motion.
Bryan Fair, who was then the president and CEO of the nonprofit, pleaded not guilty to the 11 charges in May. The trial is tentatively scheduled for October.
SPLC Second Superseding Indictment
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