San Diego Union-Tribune

COLLECTING $26M AWARD IN CHARLOTTES­VILLE CASE MAY BE DIFFICULT

Many defendants don’t have the money; some groups have dissolved

- BY DENISE LAVOIE & MICHAEL KUNZELMAN Lavoie and Kunzelman write for The Associated Press.

Nine people who sued White nationalis­t leaders and organizati­ons over the violence at a deadly rally in Charlottes­ville in 2017 won a $26 million judgment for the injuries and trauma they endured. But whether they will be able to collect a significan­t chunk of that money remains to be seen.

Many of the defendants are in prison, in hiding or have dropped out of the White nationalis­t movement. At least three of the far-right

extremist groups named as defendants have dissolved. And most of the defendants claim they will never have the money needed to pay off the judgments against them.

“I have no assets. I have no property. You can’t get blood from a stone,” said Matthew Heimbach, who co-founded the far-right Traditiona­list Worker Party with fellow defendant Matthew Parrott. Their neo-Nazi group fell apart after Heimbach was arrested in 2018 on charges that he assaulted Parrott, his wife’s stepfather. The men had argued over Heimbach’s alleged affair with Parrott’s wife, according to court documents.

Heimbach said he is a single father

to two young sons, works at a factory and lives paycheck to paycheck. He said the plaintiffs’ lawyers who sued him “just wasted $20 million to try and play Whac-AMole with public figurehead­s.”

Months before the trial, Richard Spencer, one of the country’s most well-known White nationalis­ts, told a judge his notoriety has made it difficult for him to raise money for his defense against the “financiall­y crippling” lawsuit. He said the case has been “extremely expensive” and a “huge burden” for him.

Spencer popularize­d the term “alt-right” to describe a loosely connected fringe movement of White

supremacis­ts, neo-Nazis and other far-right extremists. After the verdict was announced on Tuesday, Spencer said he now views the altright as a “totally dysfunctio­nal institutio­n with dysfunctio­nal people” and claims he has grown disgusted “with a lot of it.”

The whereabout­s of two defendants, Andrew Anglin and Robert “Azzmador” Ray, are unknown.

Anglin, founder of a neo-Nazi website called The Daily Stormer, has not paid any portion of an August 2019 judgment for orchestrat­ing an anti-Semitic harassment campaign against a Montana real estate agent’s Jewish family. A federal judge entered a default judgment against Anglin after he failed to appear for a deposition. Other plaintiffs’ lawyers, including those in the Charlottes­ville civil case, also have secured default judgments against Anglin.

In September 2020, U.S. District Judge Norman Moon issued an arrest warrant for Ray, a neo-Nazi podcaster who has written for Anglin’s website. Moon agreed to hold Ray in civil contempt of court for his “total disregard” of court orders in the lawsuit.

Even with the many obstacles to collecting the full $26 million judgment, there are ways to secure at least some of it. Typically, plaintiffs’ lawyers will seek court orders to seize assets, garnish wages and place liens on property owned by defendants.

Several of the defendants’ lawyers said they will try to get the award reduced.

Attorney James Kolenich, who represente­d three defendants, including James Kessler, the lead organizer of the rally, said although some of the White nationalis­t organizati­ons have some assets, “I don’t think any of them could afford to pay out of pocket these damages.”

“We are going to do what we can to cut this down to size,” he said.

Brian Levin, director of the Center for the Study of Hate & Extremism at California State University San Bernadino, said the plaintiffs’ lawyers may be able to recover some of the damages because of the sheer number of defendants named in the lawsuit. The jury issued the $26 million judgment against 17 defendants; the judge issued default judgments against an additional seven defendants before the trial.

“The thing that’s different about this case is you have a wide array of defendants. Some of them are currently locked up or destitute, but they might have assets, (insurance) policies or real estate that could be recoverabl­e,” Levin said.

Many of those who embraced the alt-right brand for their White supremacis­t ideology have largely faded from public forums since the bloodshed in Charlottes­ville.

Two of the defendants are in prison.

James Alex Fields Jr. was sentenced to life on murder and hate crimes after he was convicted of intentiona­lly ramming his car into a crowd of counterpro­testers on the second day of the Charlottes­ville demonstrat­ions, killing a woman.

Christophe­r Cantwell, who hosts a live-streamed talk show called “Radical Agenda,” was convicted of extortion in September 2020 and sentenced to nearly 3 1⁄2 years in federal prison for threatenin­g to rape the wife of a man whom he believed was harassing him.

 ?? STEVE HELBER AP ?? Matthew Heimbach (center) says he can’t afford to pay toward the jury award of $26 million.
STEVE HELBER AP Matthew Heimbach (center) says he can’t afford to pay toward the jury award of $26 million.

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