Lawyers for the Southern Poverty Law Center (SPLC) filed a motion on Wednesday asking a federal judge to allow them to subpoena a government informant, alleging the witness is being treated as a member of the prosecution team. The defense team for the nonprofit stated that the Justice Department (DOJ) has obtained recordings and intelligence briefings from the source, identified as "F-9," without utilizing subpoenas or search warrants. Attorneys for the SPLC are requesting that the court order the witness to preserve all original documents to prevent their destruction.
The legal action follows an 11-count indictment returned by a grand jury in Montgomery, Alabama, on April 21, 2026. The SPLC is charged with wire fraud, false statements to a federally insured bank, and conspiracy to commit concealment money laundering. Prosecutors allege that between 2014 and 2023, the organization funneled more than $3 million to individuals associated with extremist groups, including the Ku Klux Klan and the National Alliance, while pledging to dismantle those same groups. Former SPLC executive Heidi Beirich was also charged with conspiracy to commit wire fraud and conspiracy to submit false statements; both Beirich and the SPLC have pleaded not guilty.
According to court filings, the informant F-9 began cooperating with the DOJ while facing potential prosecution for 30 years of unpaid income taxes. Defense attorneys Abbe Lowell and Addy Schmitt stated that since November 2025, F-9 has met with investigators more than 20 times and exchanged approximately 1,800 text messages with lead FBI and IRS agents. The filing alleges F-9 provided 162 pages of PowerPoint slides suggesting specific charges and investigative directions. The defense claims the witness has provided "selective" evidence and possesses a "house full of documents" that he has reportedly referenced plans to shred.
The scale of the underlying criminal case involves more than $3 million in donated funds that prosecutors allege were diverted over a nine-year period. The specific groups named in the indictment as receiving these funds include the Ku Klux Klan, United Klans of America, Unite the Right, National Alliance, National Socialist Movement, Aryan Nations affiliated Sadistic Souls Motorcycle Club, National Socialist Party of America, and American Front.
If the SPLC is convicted, the organization would face the forfeiture of financial gains from the alleged activities. The outcome of the current motion regarding F-9 will determine the legal rights of the defense to access and authenticate evidence that has not been secured through warrants. The broader criminal investigation remains ongoing according to FBI Director Kash Patel. The SPLC's trial will determine if the nonprofit's use of accounts to pay extremist leaders constitutes federal fraud and money laundering. As of late October 2026, the defense is awaiting the judge's decision on the subpoena request and the preservation order for the informant's files.