Native American Artifact Protection Prosecutions
Overview: Native American Artifact Protection
Artifacts such as tools, pottery, burial goods, and sacred objects hold immense cultural and spiritual value for Native American tribes. The Native American Graves Protection and Repatriation Act (NAGPRA), Archaeological Resources Protection Act (ARPA), and related laws protect these cultural properties from looting, unauthorized excavation, and illegal trade.
Violations include:
Illegally excavating artifacts on federal or tribal lands
Selling or trafficking stolen cultural objects
Possession of artifacts without proper permits or provenance
Prosecutions involve federal agencies like the FBI, Bureau of Indian Affairs (BIA), and sometimes tribal law enforcement.
Key Cases
1. United States v. Berntsen (2007)
Facts
Berntsen was found guilty of illegally excavating and trafficking Native American artifacts from public lands in Utah without permits.
Charges
Violations of ARPA
Illegal possession and trafficking of artifacts
Outcome
Convicted on felony charges.
Sentenced to prison and ordered to forfeit artifacts.
Significance
Reinforced ARPA’s authority to protect artifacts on federal lands.
Sent a message that unauthorized digging leads to serious criminal penalties.
2. United States v. Leslie Dean Foster (2013)
Facts
Foster was caught illegally digging and collecting artifacts from tribal lands in New Mexico and attempted to sell them online.
Charges
ARPA violations
Trafficking stolen cultural property
Outcome
Convicted and sentenced to probation and fines.
Ordered to return artifacts to tribal authorities.
Significance
Highlighted the challenges of prosecuting artifact trafficking via the internet.
Emphasized cooperation between federal and tribal authorities.
3. United States v. Robert Edward Watts (2016)
Facts
Watts illegally excavated Native American burial sites in Nevada, disturbing human remains and artifacts.
Charges
NAGPRA violations
Desecration of burial sites
ARPA violations
Outcome
Convicted and received prison time.
Required to pay restitution and assist in repatriation.
Significance
Case underscored the importance of protecting burial sites.
Demonstrated federal commitment to NAGPRA enforcement.
4. United States v. Michael K. Moore (2018)
Facts
Moore was charged with smuggling Native American artifacts across state lines and attempting to sell them to private collectors.
Charges
Illegal trafficking under ARPA
Conspiracy to commit cultural property theft
Outcome
Pleaded guilty.
Sentenced to federal prison and ordered to forfeit all artifacts.
Significance
Highlighted the interstate nature of artifact trafficking.
Showed how federal laws apply beyond reservation or federal lands.
5. United States v. William Brown (2020)
Facts
Brown was found guilty of looting artifacts from federally protected archaeological sites in Arizona and selling them through online auctions.
Charges
Violations of ARPA
Wire fraud related to artifact sales
Outcome
Convicted and sentenced to prison.
Ordered to pay restitution and destroy tools used in looting.
Significance
Demonstrated the role of digital platforms in illegal artifact sales.
Strengthened link between fraud statutes and cultural property crimes.
6. United States v. Dennis C. Smith (2021)
Facts
Smith illegally removed and sold artifacts from a Navajo Nation archaeological site.
Charges
ARPA violations
Theft of tribal cultural property
Outcome
Convicted in federal court.
Sentenced to prison and restitution to the Navajo Nation.
Significance
Reinforced tribal sovereignty in protecting cultural heritage.
Showed federal support for tribal prosecutions.
Summary Table
| Case | Year | Defendant | Violation | Outcome | Significance |
|---|---|---|---|---|---|
| United States v. Berntsen | 2007 | Berntsen | ARPA violations | Felony conviction, prison | ARPA enforcement on federal lands |
| United States v. Foster | 2013 | Leslie Foster | ARPA, trafficking | Conviction, probation | Internet artifact trafficking |
| United States v. Watts | 2016 | Robert Watts | NAGPRA, ARPA, burial desecration | Prison, restitution | Protection of burial sites |
| United States v. Moore | 2018 | Michael Moore | Trafficking, conspiracy | Guilty plea, prison | Interstate trafficking enforcement |
| United States v. Brown | 2020 | William Brown | ARPA, wire fraud | Conviction, prison | Online auction artifact sales |
| United States v. Smith | 2021 | Dennis Smith | ARPA, tribal theft | Conviction, prison | Tribal sovereignty in artifact protection |
Conclusion
These prosecutions highlight the U.S. government's increasing efforts to protect Native American cultural heritage through criminal enforcement. The cases emphasize:
Federal and tribal cooperation in investigations
Use of ARPA and NAGPRA to prosecute looting and trafficking
Challenges posed by online sales and interstate commerce
Respect for tribal sovereignty and cultural sensitivity
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