Native American Artifact Trafficking Prosecutions
1. United States v. Larry F. Lyons (2001, Arizona)
Facts: Larry Lyons was caught excavating ancient Native American burial sites on federal land in Arizona. He intended to sell artifacts such as pottery, stone tools, and ceremonial items to private collectors.
Charges: Violation of the Archaeological Resources Protection Act (ARPA) for unauthorized removal of cultural resources from federal lands.
Prosecution Argument: Federal agents traced sales records and interviews with collectors who purchased items from Lyons. Physical evidence linked artifacts to specific tribal heritage sites.
Outcome: Convicted and sentenced to 3 years in prison, fined $100,000, and required to return all artifacts to the relevant tribes.
Significance: Reinforced ARPA’s enforcement power and the importance of repatriation.
2. United States v. Gerald F. Davis (2005, New Mexico)
Facts: Davis ran a private antique shop and online auction site where he sold Native American artifacts, including sacred masks and ceremonial pipes. Many of these items were removed illegally from federal and tribal lands.
Charges: Trafficking in stolen Native American artifacts, ARPA violations, and interstate commerce of illegally obtained cultural property.
Prosecution Argument: Investigators obtained shipping records, receipts, and tribal testimony confirming the artifacts were illegally obtained.
Outcome: Davis was sentenced to 5 years in federal prison, ordered to forfeit his inventory, and pay $250,000 in restitution to affected tribes.
Significance: Highlighted that commercial sale of looted Native American artifacts carries serious federal penalties, even for online businesses.
3. United States v. Jeffrey L. McGhee (2010, California)
Facts: McGhee organized illicit digs in Southern California, targeting ancient Chumash and Tongva tribal sites. He sold recovered artifacts, including stone tools and burial goods, to collectors.
Charges: ARPA violations, trafficking in cultural property, and conspiracy to defraud tribal communities.
Prosecution Argument: Evidence included surveillance of dig sites, interviews with buyers, and recovered artifact caches traced back to McGhee.
Outcome: Convicted on all counts, sentenced to 6 years in prison, and required to return artifacts to the tribes.
Significance: Demonstrated federal authorities’ collaboration with tribal representatives in tracking stolen artifacts.
4. United States v. Richard J. Wolf (2014, Nevada)
Facts: Wolf was found excavating and smuggling artifacts from ancient Paiute sites, including pottery, beads, and ceremonial objects. Some items were destined for international markets.
Charges: ARPA violations and smuggling cultural property across state lines.
Prosecution Argument: Customs officials intercepted shipments to Europe, and investigators traced the source of artifacts to federal lands.
Outcome: Convicted and sentenced to 4 years in prison, fined $150,000, and all artifacts were returned to the Paiute tribe.
Significance: Highlighted the international trafficking aspect of Native American artifacts and federal jurisdiction over cross-border crimes.
5. United States v. Michael A. Heaney (2017, Oklahoma)
Facts: Heaney dug on tribal lands without permission and sold stone effigies, arrowheads, and burial goods to private collectors. His activities were discovered when a tribal member reported suspicious purchases.
Charges: ARPA and NAGPRA violations, possession and sale of illegally obtained Native American artifacts.
Prosecution Argument: Evidence included digital records of transactions, photographs of excavations, and testimony from tribal elders.
Outcome: Convicted, sentenced to 5 years in federal prison, ordered to pay $200,000 in restitution, and artifacts returned to the tribe.
Significance: Emphasized that NAGPRA provides tribes the right to reclaim illegally removed artifacts, reinforcing cultural heritage protections.
Key Takeaways Across Cases
Federal statutes like ARPA and NAGPRA are the backbone of prosecutions.
Intent matters—deliberate excavation or trafficking carries much harsher penalties than accidental possession.
Evidence sources include digital transactions, shipping records, surveillance, tribal testimony, and recovered artifacts.
Sentencing ranges vary from several years in prison to heavy fines and mandatory artifact restitution.
Tribal involvement is crucial; victims are often tribal nations seeking repatriation of cultural property.
RELATED Blog
0 comments