Body Part Trafficking Prosecutions
⚖️ Body Part Trafficking: Legal Overview
🔍 What is Body Part Trafficking?
Body part trafficking refers to the illegal acquisition, sale, or transfer of human organs, tissues, or body parts. It often involves:
Organ harvesting or sale (e.g., kidneys, livers)
Sale of cadavers or body parts for profit (especially from donors or medical institutions)
Unauthorized dissection or distribution of human remains
Misuse of donated bodies for non-consensual commercial purposes
📜 Legal Framework
National Organ Transplant Act (NOTA) – 42 U.S.C. § 274e (1984):
Prohibits the buying or selling of human organs for transplantation in the U.S.
Criminal penalties: up to 5 years in prison and/or $50,000 in fines
State Laws:
Many states criminalize the abuse or trafficking of human remains, especially where consent is violated.
Charges may include fraud, theft, abuse of a corpse, wire fraud, mail fraud, and conspiracy.
Uniform Anatomical Gift Act (UAGA):
Governs donation of organs and body parts and prohibits unauthorized use.
⚖️ Notable Body Part Trafficking Cases
1. United States v. Cedric Lodge (2023)
Facts: Cedric Lodge, a former manager at Harvard Medical School’s morgue, was accused of stealing donated body parts, including heads and brains, and selling them to buyers across the country. He allegedly allowed buyers into the morgue to choose which parts they wanted.
Charges: Wire fraud, conspiracy to commit interstate transport of stolen goods, and aiding in trafficking human remains.
Outcome: Lodge and multiple co-defendants were indicted. The case exposed a nationwide network involving morticians and collectors.
Significance: This case shocked the medical community and showed that even prestigious institutions can fall prey to internal trafficking schemes.
2. United States v. Donald Greene Sr. (2023)
Facts: Greene purchased human remains from Cedric Lodge and other sources. He was accused of buying skulls, skin, and other parts and sometimes reselling them online.
Charges: Interstate transport of stolen goods and conspiracy.
Outcome: Greene pled guilty. The court emphasized the moral and legal violations of profiting from human remains intended for scientific purposes.
Significance: Highlighted how a black market for human remains operates through private collectors and online platforms.
3. People v. Arthur Rathburn (Michigan, 2018)
Facts: Rathburn, owner of a Detroit-based body broker business, was convicted of distributing contaminated human body parts for medical training. Some remains were dismembered with a chainsaw and stored in grotesque conditions.
Charges: Wire fraud, illegal transportation of hazardous materials, and making false statements.
Outcome: Sentenced to 9 years in federal prison.
Significance: Exposed abuses in the “body broker” industry and led to renewed calls for federal oversight of cadaver donations.
4. United States v. Elizabeth Taylor (Colorado, 2022)
Facts: Taylor, the director of a funeral home, was accused of selling body parts without family consent and faking cremation documents. Families believed their loved ones were cremated, while parts were sold for profit.
Charges: Mail fraud and wire fraud.
Outcome: Pled guilty and sentenced to 20 years in federal prison, one of the harshest sentences in such a case.
Significance: Stressed the betrayal of trust in funeral services and the seriousness of falsifying consent for body part sales.
5. United States v. Megan Hess (Colorado, 2022)
Facts: Megan Hess, the owner of the same funeral home as Elizabeth Taylor, also participated in the illegal sale of human body parts, including torsos and heads, often without obtaining legal consent from the deceased’s next of kin.
Charges: Fraud, mail fraud, and misrepresentation.
Outcome: Sentenced to 20 years in prison.
Significance: This case, tied to Taylor, represents one of the largest known body part trafficking scandals in the U.S.
6. United States v. Michael Mastromarino (New York, 2008)
Facts: Mastromarino, a former dentist, led a massive illegal body part harvesting ring where tissue was taken from corpses without consent and resold for transplant purposes.
Charges: Enterprise corruption, body stealing, and forgery.
Outcome: Sentenced to 18–54 years in prison (state) and up to 25 years federally. He died in prison in 2013.
Significance: One of the most infamous U.S. body part trafficking cases. Bodies were obtained from funeral homes, and paperwork (including disease status) was forged.
🧾 Common Legal Issues in Body Part Trafficking Cases
| Legal Concept | Explanation |
|---|---|
| Consent Fraud | Many cases involve faking consent forms or deceiving families about body use. |
| Interstate Commerce Violations | Trafficking across state lines brings federal charges. |
| Wire/Mail Fraud | Used when perpetrators use phones, emails, or mail in the scheme. |
| Violation of NOTA (42 U.S.C. § 274e) | Applies when organs are sold for transplant purposes. |
| Abuse of Corpse Laws | State laws criminalizing mishandling or dismembering corpses. |
🧠 Conclusion
Body part trafficking prosecutions show the intersection of criminal law, ethics, and medical regulation. While the National Organ Transplant Act prohibits organ sales for transplant, the broader black market for human remains has exposed legal loopholes—especially in the cadaver donation industry.
Courts have consistently imposed severe prison terms, particularly where:
Consent was falsified,
Remains were mishandled,
Public trust (e.g., funeral homes or medical institutions) was violated.
RELATED Blog
0 comments