The indictment of the Southern Poverty Law Center on federal fraud charges this week is the start of what could become not just a major criminal prosecution but a major constitutional challenge. At issue is whether the Center’s secret operations to enlist and pay informers constituted fraud of its donors.
The center has long been controversial after drifting away from its early litigation against segregation and becoming more of a partisan organization targeting conservative organizations. I shared that criticism after the center went after groups such as Focus on the Family for opposing LGBTQ values.
It also drew outcries after focusing on Turning Point in a report titled “The Year in Hate and Extremism 2024” as “A Case Study of the Hard Right in 2024”.
The federal indictment alleges that the Center improperly paid informants to infiltrate extremist groups without disclosing the payments to donors. The Center insists that these were confidential informants and that law enforcement was informed of the results of these operations when they shared evidence with local and federal agencies.
The indictment cites pitches to donors that failed to mention that millions were given to figures in hate groups while pledging that “Your support powers our work to confront hate, stand up to injustice, and defend our civil and human rights. From the courtroom to the classroom to communities across the country, you can help create a more just and inclusive future for all.”
It is rare to see a private organization engaged in such clandestine operations, using confidential sources the way that the FBI does with drug and other criminal organizations.
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