2 men plead guilty after posing as Native American artists, selling items for thousands of dollars
2 men plead guilty after posing as Native American artists
Two local artists pleaded guilty to violating the Indian Arts and Crafts Act. Both are accused of misrepresenting themselves as Native American artists and selling items at galleries.
SEATTLE - Two Western Washington men have pleaded guilty after posing as Native American artists, and selling items at Pike Place Market art galleries.
According to the United States Department of Justice (DOJ), both men pleaded guilty to violating the Indian Arts and Crafts Act (IACA) by representing themselves as Native Americans without having any tribal enrollment or heritage.
"When non-Native artists falsely claim Indian heritage, they can take sales away from true Indian artists working to support themselves with skills and techniques handed down for generations," said U.S. Attorney Nick Brown. "Stores and galleries need to partner with artists to ensure those artisans and craftsmen advertised as Indian Artists truly have tribal status."
The impersonating artists, 67-year-old Jerry Chris Van Dyke of Seattle and 52-year-old Lewis Anthony Rath of Maple Falls, will be sentenced in separate criminal cases on May 17.
The investigation of artist Jerry Van Dyke
According to the DOJ, the investigation of Jerry Van Dyke began in Feb. 2019 when the Indian Arts and Crafts Board received a complaint that he was representing himself as a Nez Perce Indian Artist.
U.S. Fish and Wildlife investigators made undercover purchases from Van Dyke at a gallery in Pike Place Market. At the time, he was using the alias "Jerry Witten". When interviewed, he admitted to knowing about the IACA and that he was not a tribal member.
Through the gallery, Van Dyke sold more than $1,000 worth of carved pendants based on Native American Aleut masks. According to the plea agreement, he had worked with the gallery for more than a decade – which provided him with woolly mammoth ivory, antlers, animal bones and fossilized walrus ivory to make the pendants.
Van Dyke pleaded guilty to Misrepresentation of Indian Produced Goods, which is punishable by up to a year in prison.
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The investigation of artist Lewis Anthony Rath
The DOJ says the investigation into Lewis Anthony Rath starting in May 2019 after a complaint was filed to the Indian Arts and Crafts Board. It was revealed that Rath falsely represented himself as a member of the San Carlos Apache Tribe.
Undercover agents purchased a carved totem pole and necklace for more than $1,300 from the same gallery at Pike Place Market.
At another shop on the Seattle waterfront, agents purchased more artwork that were again represented to be Native American produced. The biography of the artist at both shops falsely claimed Rath was Native American.
When agents served a search warrant on Rath’s home and studio in Whatcom County, they found feathers from protected birds: golden eagles, hawks, blue jays, owls and more. Rath will now be forfeiting all of those feathers to the government.Rath pleaded guilty to Misrepresentation of Indian Produced Goods and Products, in addition to Unlawful Possession of Golden Eagle Parts and Migratory Bird Parts. Unlawful possession of golden eagle parts and migratory bird parts is punishable by up to six months in prison.
"Cases like these are critical to preserving the integrity and viability of authentic Native American art and craftwork in general, as well as preserving the rich cultural heritage of the Nez Perce Tribe and the San Carlos Apache Tribe and the economic livelihoods of their artists and craftspeople," said U.S Department of the Interior IACB Director Meridith Stanton.
For Van Dyke, prosecutors will recommend no prison term under the terms of the plea agreement, though the sentence is up to the U.S. District Judge.
There is no agreed sentencing recommendation for Rath.