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Author of hoax Holocaust memoir in legal fight with U.S. publisher

29.08.2008 21:02 Arts - Source: cbc.ca

An author whose Holocaust memoir was found to be fictional is fighting her publisher in a Woburn, Mass., court over the proceeds of a 2001 lawsuit.

U.S. publisher Mt. Ivy Press was ordered to pay $32.4-million to author Misha Defonseca and her ghost writer after discovering the publisher tried to claim the author's U.S. royalties.

In February, Belgian writer Defonseca admitted her book, Misha: A Mmoire of the Holocaust Years, was an elaborate fantasy.

The memoir tells the story of the Jewish girl who survives the Holocaust by living with wolves, then walks across Europe to try to find her parents.

Defonseca did have her parents taken by the Nazis, but admitted the rest of the survival tale was fictional.

Publisher Jane Daniel told a judge in Middlesex Superior Court the jury found in favour of Defonseca in the 2001 suit because they believed her harrowing Holocaust tale.

Does the truth matter?

But Judge Timothy Feeley said he didn't know whether the truth of the fictionalized memoir actually mattered.

"Is it important that it was a work of fiction or a memoir?" Feeley asked. "I have trouble seeing how this new information changes the extent of the wrong found to be inflicted."

Defonseca and ghost writer Vera Lee are arguing the statute of limitations has expired on Daniel's attempt to throw out the jury verdict.

The jury originally awarded Defonseca $7.5 million and Lee $3.3 million after finding Daniels had hidden profits from the authors. A judge later tripled those amounts after finding the small publishing house had misled the authors.

Misha: A Mmoire of the Holocaust sold only 5,000 copies in the U.S. and the jury found the publisher failed to promote it.

The authors later settled with Daniel to pay a lesser amount, including $425,000 to Defonseca and $250,000 to Lee as well as the rights to sell Daniel's home.

Frank Frisoli, a lawyer for Lee, said that verdict hinged on Daniel's deception, not on whether the book was true.

"I see no reasonable basis for this action. They're far outside any time limits," Frisoli said.

Judge Feeley said he would have to do further study to determine which legal arguments should be allowed in the case.

He has not said when he will make a decision.

The book was translated into 18 languages and became a bestseller around the world, with the exception of the U.S.

With files from the Associated Press
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