Washington — An effort is under way in Congress to help stop the sale of fake American Indian arts and crafts.
At shops throughout the West, a customer will ask why a necklace or pot costs three times what a similar item costs down the street. The other piece is usually a cheap knockoff made by non-natives with non-native materials, most likely by machine in a foreign country.
"It looks the same, but the materials aren't as fine, and it's not made in the traditional way," said NaNa Ping, who makes inlay jewelry in New Mexico.
For 15 years, it's been against federal law to sell American Indian art unless American Indians make it. It's also illegal to sell foreign-made American Indian-style art or crafts without a label identifying the country of origin.
Last month, a woman was indicted in Albuquerque on federal charges of selling fake Navajo rugs.
Such prosecutions are rare, concedes New Mexico U.S. Atty. David Iglesias.
"Generally, with the FBI, their top mission in Indian County is investigating violent crime, and when you have a lot of those crimes there's not a lot of time to prosecute this class of criminal offenses. We do these occasionally," Iglesias said.
Arizona Republican Sens. Jon Kyl and John McCain want to help the FBI.
They have introduced legislation to let agents from the Bureau of Indian Affairs investigate fake art, on the reservation and off.
"These violations are serious, and we need to provide the necessary federal resources to preserve the cultural heritage of our native people," Kyl said.
NaNa Ping is president of the Indian Arts and Crafts Assn., which represents 1,500 American Indian artists. He said sales of the cheaper fake art hurt the income of real American Indian artists.
"They need to stop this. They're hurting our market," he said.
David Cloutier, executive director of the Southwestern Association for Indian Arts, voiced similar concerns. The association sponsors the annual Santa Fe Indian Market, on Aug. 20-21 this year.
The association uses a review board to ensure that only American Indians selling their own goods occupy its booths, he said.
"This region is the marketplace of Native American arts worldwide and for tourists," Cloutier said. "There are people who deal in that kind of knockoff situation, and we'd like to see that curtailed, just for the sake of income to Native Americans."
Kyl said the federal agency that refers complaints about fake American Indian art for prosecution, the Indian Arts and Crafts Board, is concerned that cases were not making it to the attorney general.
"Indian country is getting slammed" by the number of cheap knockoffs, said the board's director, Meredith Stanton, but it's not an FBI priority, particularly since 9-11.
Sometimes, they are able to work with a retailer to resolve the complaint, Stanton said. The most serious cases are reported to the Federal Trade Commission or the FBI.
Bill Ellwell, spokesman for the FBI's Albuquerque field office, said agents take cases of fake American Indian art seriously and have worked with the Bureau of Indian Affairs.
But Iglesias said they could prosecute more cases if the bureau's agents had the investigative authority being considered by Kyl's bill.
New Mexico's senators have complained about the lack of enforcement of the counterfeit American Indian art for years.
Sen. Pete Domenici, R-N.M., who pressured Customs officials in the 1990s to step up efforts against foreign fakes, said the new bill was a good idea and he would support it.
"These fakes pose a serious economic threat to artists and craftsmen," he said. "Counterfeit goods amount to cheating these artisans and their customers."
Sen. Jeff Bingaman, D-N.M., said he is studying the Kyl-McCain bill.
"Any action we can take to crack down on the sale of counterfeit Indian arts and crafts would be a major step in the right direction," he said.
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Dallasbugman (anonymous) says…
About the Crackdown planned on fake American Indian art .... I agree with some aspect`s of a crack down . such as the annual Santa Fe Indian Market once a year in those certain maket are`s Only . where a lot of people can go to find the REAL Stuff , and don`t have to be afraid of getting the fake thing`s . but as far as ALL The Market ares .... "NO" def. not . there is a Lot Of people that just want the cheeper thing`s to furnish there home`s or office area`s . and I think that`s just fine if you do not want to pay the HUGE price`s you see for the Real art afect`s....in that situation . But if your a dealer for Resale or something like that , It Should Not Be aloud to buy the Fake Art afair`s....Def. "NOT" ...to pass on to the people that are Not aware of that type of thing . I myself have a little Sioux blood in my vaine`s and Very Proud of My For-Father`s esp. Sitting Bull!..... that can be reflected by visiting My web~site .... www.Dallasbugmancountry.com .... and I have my bedroom done up in a lot of the art afect`s ....esp. Sioux stuff , and a lot of it IS the cheeper stuff that I Can Aford !....this part Indian Is Not Rich , and I do buy American Indian art afect`s for my own injoyment ! ....also .....what were talking about here infrenge`s on the American FREE Trade System we have here in America ..... That`s part of Our Consatution you know , so We Have to be Real careful with that area , because I for one do Not and Will Not change any of that Consatution that My for - Father`s wrote up. They were protecting "ME" and "Mine" for a Reason , so ....something to think about here people ;) ....thank`s for letting me make my feeling know on this matter ..... DallasBugMan..... Dallasbugman@comcast.net
kcwarpony (anonymous) says…
You're kidding me, right? Let's see your CDIB card!
baigge (anonymous) says…
It sounds like a good thing for American Indian artists. I'm glad Sen. McCain and Sen. Kyl proposed it and I hope it gets passed.
cowboy (anonymous) says…
Dallas , use a spell checker , your post is painful to read. Hey War PonyThis seems hard to police , maybe impossible and a bit of a waste of time for the FBI. I lived in Arizona and had some very close Hopi contacts for jewelry. After you see alot of jewelry it becomes relatively easy to identify the good stuff versus the knockoffs and amateur items. If it is a matter of protecting the native artists the best thing that can be done is protect the outlets , or create outlets that are certified as native exclusive outlets and guide the buyers to those . Back in my earlier years it was blankets that were knocked off in mexico and sold as Navajo made. I just don't think it can be controlled from a practical angle.
kcwarpony (anonymous) says…
Hey, right back at ya, cowboy! The Cherokees in Oklahoma passed their own “Truth in Advertising for Native Art Act” and it was enforced this holiday season. Anyone marketing themselves as Indians and operating vendor booths on Cherokee Nation property had to be able to prove citizenship in a federally recognized tribe or face expulsion. The success of the Indian Arts and Craft Act depends on us calling the artist out on their claims of being Indian and being enrolled in a tribe. Some artist will word their bios to make it seem like they are legit. They never claim to be enrolled but will imply a tribal affiliation, thereby being within the law. The average buyer never realizes the difference. So, everybody, take the time and chat a little with the artist if you have the opportunity. I’ve always found the ones who don’t want to talk usually have a reason for keeping their mouths shut.