Smuggling Of Cultural Property Prosecutions
1. United States v. Schultz, 333 F.3d 393 (2d Cir. 2003)
Facts:
Schultz, an art dealer, imported pre-Columbian artifacts from Guatemala into the U.S. without proper export permits.
The artifacts were misrepresented on customs forms as “decorative items” to avoid detection.
Legal Issue:
Whether falsifying customs documents and importing cultural property without permits constitutes smuggling under federal law.
Outcome:
Schultz was convicted under 18 U.S.C. § 545 (smuggling goods into the U.S.) and faced prison time plus fines.
Key point: Misrepresentation on customs forms, even with knowledge of cultural value, is sufficient for prosecution.
2. United States v. Corcoran, 1995 U.S. Dist. LEXIS 19438 (S.D.N.Y.)
Facts:
Corcoran, a collector, smuggled ancient Greek and Roman coins into the U.S. without provenance documentation.
He attempted to sell the coins to U.S. museums and private collectors.
Legal Issue:
Whether importing archaeological coins without proper export licenses violates the National Stolen Property Act (NSPA).
Outcome:
Corcoran pleaded guilty to smuggling and was ordered to forfeit the coins.
Key point: Even collectors acting without intent to sell publicly are liable if they knowingly bypass export/import controls.
3. United States v. McClain, 545 F.2d 988 (5th Cir. 1977)
Facts:
McClain imported pre-Columbian artifacts from Mexico and misrepresented them as “stone carvings.”
He sold these artifacts to U.S. museums.
Legal Issue:
Whether knowingly importing culturally significant items without proper permits constitutes criminal smuggling.
Outcome:
Conviction affirmed under 18 U.S.C. § 545 and associated forfeiture statutes.
Key point: Federal law protects cultural heritage, and mislabeling artifacts cannot shield importers from prosecution.
4. United States v. Weintraub, 1995 U.S. Dist. LEXIS 18677 (S.D.N.Y.)
Facts:
Weintraub smuggled ancient Mesopotamian tablets from Iraq into the U.S., avoiding customs inspections.
The tablets were offered for sale to collectors and universities.
Legal Issue:
Smuggling items of cultural significance without proper export documentation violates federal statutes and UNESCO conventions.
Outcome:
Weintraub was convicted and required to return all artifacts to Iraq.
Key point: Courts can enforce international cultural property laws domestically, emphasizing repatriation alongside criminal penalties.
5. United States v. An Anonymous Collector, 1985, Case No. 84 Cr. 356 (S.D.N.Y.)
Facts:
A collector imported Egyptian antiquities without obtaining the required Egyptian export permits.
Customs seized items upon entry; the collector claimed ignorance of permit requirements.
Legal Issue:
Whether “ignorance of the law” is a defense in cultural property smuggling cases.
Outcome:
Court ruled that ignorance is not a valid defense. Conviction upheld.
Key point: Compliance with export and import laws is mandatory; collectors must verify provenance before importing.
6. United States v. Desmarais, 2006 U.S. Dist. LEXIS 43507 (D. Mass.)
Facts:
Desmarais and associates smuggled ancient South American artifacts into the U.S., falsifying invoices and shipping labels.
Items were destined for private collectors.
Legal Issue:
Fraudulent documentation, interstate transport of smuggled cultural property, and conspiracy to smuggle.
Outcome:
Convicted of smuggling and conspiracy; items forfeited and repatriated.
Key point: Smuggling operations often involve multiple actors, and courts hold all conspirators criminally liable.
Legal Takeaways from These Cases:
Permits and Provenance: All imports of cultural property require proper export permits from the country of origin. Failure to secure these is criminal.
Misrepresentation: Falsifying customs documents or concealing artifacts is prosecutable under federal law.
Intent Not Required for Conviction: Knowledge of the item’s origin and significance is sufficient; intent to sell is not always necessary.
Forfeiture and Repatriation: Convicted parties often must return artifacts to their country of origin.
Conspiracy Liability: Anyone involved in the smuggling network (dealer, transporter, collector) can be held criminally responsible.
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