Native American Artifact Protection Cases
Background
The protection of Native American artifacts and cultural heritage is governed by laws like the Native American Graves Protection and Repatriation Act (NAGPRA) in the U.S., as well as various state laws. These laws prohibit unauthorized excavation, sale, and trafficking of artifacts, human remains, and sacred objects.
Detailed Case Studies
1. United States v. Jeffry L. Davis
Facts:
Davis was caught illegally excavating Native American burial sites and selling artifacts online and at shows. The artifacts included pottery, tools, and human remains.
Legal Issues:
Charged with violating NAGPRA and federal laws protecting archaeological resources.
Outcome:
Convicted and sentenced to prison, with ordered restitution to tribes and return of artifacts.
Significance:
One of the first cases enforcing NAGPRA criminal provisions, reinforcing the importance of tribal sovereignty over cultural heritage.
2. United States v. Ryan Jarvis
Facts:
Jarvis illegally dug and sold artifacts from a protected tribal site. Law enforcement tracked him through sales records and seized numerous items.
Legal Issues:
Charges included illegal trafficking of artifacts and violation of the Archaeological Resources Protection Act (ARPA).
Outcome:
Jarvis pleaded guilty; received probation, fines, and was ordered to assist with artifact repatriation.
Significance:
Demonstrated cooperation between law enforcement and tribes in artifact recovery.
3. United States v. Larry Foster
Facts:
Foster was convicted for looting Native American sites on federal land and selling objects to collectors.
Legal Issues:
Violations of ARPA and federal theft statutes.
Outcome:
Sentenced to prison and fined; artifacts were returned to tribes.
Significance:
Highlighted penalties for looting on protected federal lands, including prisons.
4. United States v. Adam Green
Facts:
Green was found to be trafficking in Native American sacred objects and human remains, including selling them internationally.
Legal Issues:
Charged under NAGPRA and the Convention on International Trade in Endangered Species (CITES) due to some items being made from protected materials.
Outcome:
Convicted, sentenced to prison, and forced to repatriate all artifacts.
Significance:
Showed the intersection of cultural protection laws and international treaties.
5. United States v. Nathan White
Facts:
White was arrested for unauthorized excavation and sale of artifacts from a Native American burial mound in Oklahoma.
Legal Issues:
Charged under state and federal laws protecting burial sites and cultural property.
Outcome:
Pled guilty; sentenced to house arrest, community service, and artifact return.
Significance:
Emphasized state-federal cooperation and community involvement in protection.
6. United States v. The ‘Artifact Traders’ (Multi-Defendant Case)
Facts:
Several defendants were indicted for running an interstate artifact trafficking ring, selling stolen Native American items.
Legal Issues:
Charged with conspiracy, trafficking stolen property, and violating ARPA and NAGPRA.
Outcome:
Multiple convictions; sentences ranged from probation to several years in prison.
Significance:
Highlighted how artifact trafficking networks operate and the federal government’s crackdown.
Common Legal Themes in These Cases
| Theme | Explanation |
|---|---|
| NAGPRA Enforcement | Protects burial sites and repatriates remains. |
| ARPA Violations | Applies mainly to archaeological sites on federal land. |
| Interstate/International Trafficking | Increases penalties and federal jurisdiction. |
| Restitution and Repatriation | Artifacts must be returned to tribes or federal custody. |
| Collaborative Enforcement | Law enforcement often works with tribes and agencies. |
Quick Summary Table
| Case | Crime Type | Charges | Outcome | Significance |
|---|---|---|---|---|
| Jeffry L. Davis | Illegal excavation | NAGPRA violations | Prison, restitution | Early NAGPRA criminal case |
| Ryan Jarvis | Looting and selling | ARPA and trafficking | Probation, fines, repatriation | Tribal-law enforcement partnership |
| Larry Foster | Site looting | ARPA violations | Prison, fines | Federal land protection |
| Adam Green | Trafficking sacred objects | NAGPRA and CITES | Prison, artifact repatriation | International trade intersection |
| Nathan White | Burial mound excavation | State and federal laws | House arrest, community service | State-federal cooperation |
| Artifact Traders | Trafficking ring | Conspiracy, trafficking | Multiple sentences | Federal crackdown on networks |
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