NOFXOnce seen as musical brothers in arms, NOFX members Michael ‘Fat Mike’ Burkett and Eric Melvin are reportedly locked in a legal battle, with litigation allegedly beginning the day after the band hung up their instruments.
First formed in 1983, the Los Angeles punk outfit’s formative line-up was rounded out by drummer Erik ‘Smelly’ Sandin, and later solidified into their classic line-up in 1991 following the addition of guitarist Aaron ‘El Hefe’ Abeyta.
The group released a total of 15 studio albums, and myriad singles, EPs, compilations, and live records across their 41-year career, which came to an end on October 6th, 2024, following a run of farewell shows.
In a recent roundtable and Q+A discussion at the Punk Rock Museum in celebration of the Museum’s NOFX exhibition on Friday, January 16th, three-quarters of iconic group came together to participate, albeit without the presence of Melvin.
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Addressing the crowd ahead of the event’s launch, Sandin took the opportunity as the “spokesperson of the band, and the most level-headed one” to address the “elephant in the room” that was Melvin’s absence.
“At 8:00 AM on Monday morning after the final NOFX show ever Eric Melvin's lawyers served Fat Mike legal papers accusing him of legal financial malfeasance,” Sandin read.
“10 hours earlier, we finished playing the final show of our 42-year career. It was the most amazing and emotional sendoff ever. Nothing but love, family, tears, and love. That letter broke my heart as well of the rest of the band and the crew. It still hurts today and it hurts right now saying it.
“Melvin has made it clear, and perfectly clear on this matter, that to talk about it with him or anybody, it must go through his counsel,” Sandin continued. “I've known Mike for 43 years. I knew him for a year before NOFX. Mike is a lot of things. We all know that he's a complicated person that's very sweet, but he's not a thief. I will go on record saying he is not a thief.
“We hope this gets resolved soon, but until then, here we are and it is what it is, and for the obvious reasons, we cannot and will not discuss this any further.”
Speaking to The Music in 2023 prior to the Australian leg of their farewell tour, Burkett reflected on the group’s touring schedule, and the involvement he had in regard to the band’s finances.
“NOFX never toured that much, but not having to worry about the other guys in the band… I've spent so many years and sleepless nights worrying about them, not Smelly, but the other two [Melvin and El Hefe] because they didn't use their money as well as Smelly, but they're my boys,” he explained.
“They're my brothers, and during COVID, that was the first time NOFX ever had fights and tension because they didn't know where their money was going to come from.
“But I won't have to,” he continued. “This last tour is so successful, and it is really bringing us together, and they're all happy because we're making good money that we deserve; we're making our own money. That frees me. I don't have to worry about those guys anymore.”
When quizzed in regard to whether he believed it fair that musicians like NOFX could spend 40 years in a band and still wonder about how they’ll be able to afford their lifestyle, Burkett was diplomatic and pragmatic in his response.
“The thing is, name a person that spent 40 years working and just having the best time of their life with their best friends,” he explained.
“And that's what Smelly said, like, ‘Quit worrying about them. They made all their own choices. You're not responsible.’ But I can't do it. I can't do it. Because they're my brothers. After this tour, everyone is going to be good, I believe.”
Despite the legal battle simmering in the background, NOFX have remained somewhat active over the past year, releasing the A-H compilation just last month, and also using their appearance at the Punk Rock Museum to announce an upcoming documentary, appropriately titled 40 Years Of Fuckin’ Up.
“Most people wouldn’t be OK with releasing a film that shows footage of getting whipped in their dungeon, or their drug use for the past 20 years, or dressing up like a rubber cheap whore, or the ambulance ride when they were naked while puking and shitting blood,” Burkett said in a statement. “I’m not like most people.”
The film – which is scheduled for a worldwide release from April – features interviews with all four of the band’s main members, with Burkett listed as producer alongside director James Buddy Day, while the other members are credited as executive producers.
