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Prosecutors, Investigators Provide Information Correcting Misperceptions About Nature and Scope of Arrests in Indian Artifacts Case
SALT LAKE CITY—Twelve federal indictments, charging 24 individuals with violations of the Archaeological Resources Protection Act and the Native American Graves Protection and Repatriation Act, among other charges, were unsealed last week in Salt Lake City and 23 individuals arrested.
Since the law enforcement operation conducted by the FBI and the BLM was announced, there have been some misunderstandings about the nature and scope of the enforcement actions taken in the case. “Unfortunately, some of the misperceptions minimize the scope of this investigation or the importance of protecting these heritage items for all Americans. Hopefully, the information provided today will answer the concerns that have been raised,” U.S. Attorney Brett L. Tolman said today.
“This case involves significant collections of Indian artifacts taken from public and tribal lands by excavators, sellers, and collectors, including priceless artifacts sacred to Native Americans, not ‘trash and trinkets’ as some have suggested,” Tolman said. “None of the charges in the indictments is for mere possession of a protected artifact. The charges in the indictment are for trafficking in archaeological artifacts, which includes the sale, purchase, or exchange of protected artifacts.”
The law enforcement operation was conducted on June 10, 2009 by approximately 150 agents and employees from the FBI and the BLM. The felony arrests of the defendants were made in accordance with the agencies’ standard operating procedures. Decisions as to when and whether to use handcuffs or draw firearms were also made in accordance with the agencies’ standard operating procedures based upon the circumstances which the agents encountered when executing a warrant. Some of these circumstances include the nature of the criminal charges brought against the defendant, the defendant’s criminal history, the presence of firearms or other weapons in the defendant’s residence, the presence of other individuals in the defendant’s residence, the need to protect the safety of the agents and any other occupants in the residence, and the need to prevent the destruction or concealment of evidence. Bullet-proof vests are routinely worn by law enforcement agents engaged in the execution of felony arrest and search warrants to protect them from injury.
The FBI notified the San Juan County Sheriff six days prior to June 10th that federal agents would be conducting an enforcement operation in San Juan County. On June 9th and 10th, prior to the execution of the warrants, the FBI also notified the Moab, Blanding, and Monticello Police Departments of the operation.
During the operation, defendants were afforded every reasonable accommodation. Those defendants who were arrested early in the morning were allowed to groom themselves and provided their necessary medication before being transported to the Courthouse in Moab, Utah. Defendants, who were waiting to be transported to the Moab Courthouse, were provided lunch by law enforcement agents. Defendants were properly restrained for transport to the courthouse in accordance with standard operating procedures for the U.S. Marshal’s Service.
“I am proud of the efficiency and professionalism of the FBI and BLM agents involved in arresting nearly two dozen people and preserving vital and fragile evidence,” Tolman said.
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