NOFXEric Melvin, the co-founding guitarist of Californian punk veterans NOFX has issued a statement denying that he is suing his fellow bandmate Michael ‘Fat Mike’ Burkett.
Initial news of the members’ apparent legal battle surfaced in January when Burkett – alongside drummer Erik ‘Smelly’ Sandin and guitarist Aaron ‘El Hefe’ Abeyta – took part in a roundtable and Q+A discussion at the Punk Rock Museum.
The event was a rare public appearance from the group, whose 41-year career came to an end in October 2024.
Ahead of the event, 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.
He continued:
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.
Following the statement, Punknews.org shared a story claiming that Melvin had “filed a civil suit” against Burkett, however NOFX’s longtime manager and sound engineer Kent Jamieson responded with a comment noting that the “story is untrue”, adding that while “Mel has grievances, no suit has been filed.”
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Though Melvin did not publicly acknowledge this statement from the band at the time, he has now issued his own statement on social media over the weekend.
Beginning by noting that he was in Texas for the SXSW conference for a screening of the band’s new documentary, 40 Years Of Fuckin’ Up, Melvin claimed he was on-ground with his band mates, before turning his attention to the apparent legal matter.
“Things have been said about me that aren't true, and I've been quiet long enough,” he began. “I won't let one version of events be the only version anymore.
“I never sued Fat Mike, NOFX, or served anyone in the band legal papers - not at 8am, not ever.”
Melvin continued:
What actually happened: a letter was sent in the late afternoon of October 7, 2024. Not a lawsuit, not a demand Mike pay me millions of dollars, the words 'thief" or 'illegal' appear nowhere in it - it was a letter requesting financial records I'd been requesting for years without receiving, and asking for certain conduct to stop. As a member of this band and the LLC, that's my right. It was private.
In closing Melvin reiterated that his message was an attempt to “shut down the rumor mill” ahead of the new documentary’s arrival, and to reinforce his love of his bandmates.
“I love being in NOFX. I love my band mates,” he stated. “I am so proud of what we've built together over decades. This weekend we premiere a documentary, and while it's rooted mostly in one person's perspective, it's us, for better or worse.”
See Eric Melvin’s full statement below:
