SEATTLE — Two western Washington artists pleaded guilty in federal court Wednesday to selling fake Native American art.
According to court documents, Lewis Anthony Rath and Jerry Chris Van Dyke misrepresented themselves as Native American artists even though they had no tribal affiliation or Indigenous heritage.
The men admit they misrepresented their art as "authentic Native work." Several pieces were for sale at a Pike Place Market gallery.
The investigation into Van Dyke showed he sold more than $1,000 worth of carved pendants represented as Native American artwork based on Aleut masks. He pleaded guilty to misrepresentation of Indian-produced goods and products.
The investigation into Rath found that in addition to profiting off of the art, he was also in possession of feathers from protected birds: golden eagles and other migratory birds such as hawks, jays, owls and more. Rath is forfeiting all those feathers to the government.
Both men face up to one year in prison.
Prosecutors say artists who falsely claim Indian heritage take sales away from true Indian artists.
“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.”
In 1990, Congress created the Indian Arts and Crafts Act (IACA). Under federal law, if you’re selling or representing your work as native, and it’s not – you’re committing a federal crime. Instead, you have to be honest: by saying the work is “native-inspired” or “native style.”
Both men will be sentenced on May 17, 2023.