[Puffer Fish]

Who knew that racism is enshrined into American law?

Two men have been arrested for lying about the ethnic identity of the creators of artwork they sold.

Supposedly, misrepresenting goods as being produced by Indigenous peoples violates a federal law.

Could you imagine if people were arrested for selling artwork that they claimed a white man had created, when in reality a black man had created that artwork?
That would be ridiculous and absurd and racist, wouldn't it?
Yet suddenly it's all okay and perfectly normal when we are talking about Native ancestry peoples?

The two are being accused of fraud for trying to pass off "counterfeit artwork". "Counterfeit" because they claimed that it was produced by Native American people.

Should the law even be protecting race/ethnicity like this?

Two Washington State men, Lewis Anthony Rath, 52, and Jerry Chris Van Dyke, 67, were investigated and charged for violating the Indian Arts and Crafts Act by falsely representing themselves as Native American artists, despite the fact that neither has tribal membership or heritage, according to a Department of Justice press release.

Van Dyke was charged with two counts of misrepresentation of Indian produced goods and products after a complaint was filed against him with the Indian Arts and Crafts Board for falsely claiming Nez Percé tribal membership. A similar complaint was also filed against Rath, who falsely claimed to be a member of the San Carlos Apache Tribe.

Undercover investigators from the US Fish and Wildlife Service purchased pendants, totem poles, and masks made by Rath and Van Dyke from Seattle shops, where they were advertised as Native American artwork, according to the US Department of Justice.

"By flooding the market with counterfeit Native American art and craftwork, these crimes cheat the consumer, undermine the economic livelihood of Native American artists, and impairs Indian culture," Edward Grace, assistant director of the US Fish and Wildlife Service Office of Law Enforcement.

Misrepresenting Native goods could result in up to five years in prison.

Rath was also charged with unlawful possession of parts from golden eagles and migratory bird (hawk and jays) parts after agents executed a search warrant on his home and art studio.
(Of course special exceptions to this law are made if you are Native American ethnicity)

Van Dyke had sold more than $1,000 in carved pendants through the Pike Place gallery, claiming the pendants were Native American artwork based on Aleut masks. Undercover agents purchased a carved totem pole and necklace from Rath at the same Pike Place Market galley for more than $1,300.

At both stores, Rath’s artwork was falsely advertised as Native produced with biographies of Rath saying he is Native American.

Additionally, internet sites that Rath used to sell his artwork also falsely claimed that he is a member of the San Carlos Apache Tribe.​

Two charged for selling fake Native artwork at Pike Place Market | king5.com
https://www.king5.com/article/news/loca ... bb3c671495

So these men did not even claim these crafts were produced by a particular tribe, at a particular time or place. They only lied about their own ethnic ancestry (to help perpetrate the false impression) and claimed that the items were produced by Native American people.

How about Chinese artwork? If I sell Chinese artwork and claim that a Chinese person made it, but in reality I actually created it, should I be criminally charged?

Can I sell artwork guaranteed to be made by White people, and if I'm lying about that I will be punished?

How absurd is this?

[Scamp]

Well if that's a crime, what was it when Senator Elizabeth "Pocahontas" Warren claimed to be a Native American Indian?

[Fasces]

Misrepresentation for commercial benefit is fraud. Fraud is a crime.

[Puffer Fish]

Misrepresentation for commercial benefit is fraud. Fraud is a crime.

But I'm not sure the misrepresentation is really about a tangible physical aspect of what is being sold.

I know, people will bring up the example of a fake painting alleged to have been painted by some famous artist and worth a lot of money.

But these people are probably not planning to sell their artwork at any time, or when they do sell it they are probably not going to be trying to claim it was actually created by Native Americans to get more money. This is something that is much more casual, although still a dishonest underhanded business practice.

(And this isn't even about a specific artist creator, but rather more like an entire ethnic group of people!)

In my opinion I am really not sure this is an appropriate place for the law to be entering into the situation.
Unless perhaps if the artwork came with certificates stating the claim.

There are just too many laws and government getting involved more often than it should.

[Godstud]

It's fraud. Pure and simple.

It's the same as claiming a painting is made by a European Master, when it's not.

What is it with you defending crimes that are clearly criminal, suddenly? It's not "justice" to let people victimize other people thru misrepresentation, fraud or exploitation. If you are arguing about "justice", then you're actually only contradicting that goal with your recent posts.