A federal judge rejected the Southern Poverty Law Center’s attempt to sever its trial on fraud and conspiracy charges from that of its former chief financial officer, Heidi Beirich, Monday, delaying the trial until Feb. 1.
A federal jury first indicted the SPLC on wire fraud, bank fraud, and conspiracy charges in April, and juries returned superseding indictments in June and in August. The August indictment included Beirich, along with additional charges. The court had scheduled the trial for Oct. 5.
This second superseding indictment marked the first time prosecutors named a specific SPLC official and accused her of participating in the allegedly illegal conduct.
While the SPLC has been preparing for trial since April, Beirich told the court she needs more time to prepare an adequate defense, so she moved to delay the trial.
The SPLC asked the court to sever her from the case against it, arguing that any delay in the trial damages the center’s reputation. But U.S. District Judge Emily Marks ruled that “a joint trial will serve the interests of justice by avoiding potential inconsistent verdicts.”
The SPLC faces charges related to its alleged payments to members of the Ku Klux Klan, neo-Nazis, and other groups. While the center claims it was paying informants in order to combat extremism, the Justice Department claims it was propping up the extremism that it claims it exists to oppose. The Justice Department also claims the SPLC opened bank accounts for fictitious entities to funnel cash to the extremists.
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The latest indictment brings three charges against Beirich, in addition to the charges against the SPLC. It accuses her of engaging in wire fraud conspiracy, conspiracy to submit false statements to a federally insured bank, and conspiracy to commit concealment money laundering. Both the SPLC and Beirich have pleaded not guilty.
The SPLC noted that Fidelity Charitable, Vanguard Charitable, and DAFgiving360 have rendered the SPLC ineligible to receive contributions via donor-advised funds following the indictment.
“The Court acknowledges that the SPLC may be experiencing negative consequences from the unresolved indictment,” Marks noted. “While those consequences are regrettable, they do not rise to the level of prejudice sufficient to overcome the general rule that defendants charged in a common conspiracy should be tried together.”
The judge granted Beirich’s motion to delay the trial to Feb. 1, finding that anything else would “deny counsel for Beirich the reasonable time necessary to prepare for trial.”
The ruling means the SPLC’s attempt to obtain a quicker resolution of the charges failed, and the organization now faces several additional months under indictment before trial.
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