2 western Washington artists plead guilty to misrepresenting work as Indian-produced - KIRO Seattle

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A pair of western Washington artists pleaded guilty in two separate cases Wednesday after violating the Indian Arts and Crafts Act by misrepresenting their work as Native American art when they have no tribal enrollment or heritage, U.S. Attorney Nick Brown announced.

The men — 52-year-old Lewis Anthony Rath of Maple Falls and 67-year-old Jerry Chris Van Dyke, aka Jerry Witten, of Seattle — are set to be sentenced on May 17.

According to a news release, the investigation into Van Dyke began in February 2019, when the Indian Arts and Crafts Board received a complaint that Van Dyke was representing himself as a Nez Perce artist even though he is not enrolled in the tribe. U.S. Fish and Wildlife Service investigators made undercover purchases at a gallery near Pike Place Market that was advertising pendants Van Dyke had made as Native American art.

Van Dyke used the name Witten for the sales. When interviewed by agents, Van Dyke said he admitted knowing about the Indian Arts and Crafts Act and admitted that he was not a tribal member.

According to the release, Van Dyke worked with the gallery for more than 10 years, with the gallery owner providing him with things like woolly mammoth ivory, antlers, animal bones, and fossilized walrus ivory to be used for pendants.

Van Dyke pleaded guilty to misrepresentation of Indian-produced goods and products, which is punishable by up to one year in prison.

The investigation into Rath began in May 2019 after another complaint to the Indian Arts and Crafts Board. Investigators learned that Rath falsely represented himself as a member of the San Carlos Apache Tribe.

Undercover agents purchased a carved totem pole and a necklace at the same gallery near Pike Place Market for more than $1,334. Agents noticed that the gallery had other items made by Rath that were falsely represented as Native-produced.

Agents made more purchases at a store on the Seattle waterfront of a carved totem pole and a mask, which were also made to seem like they were Indian-produced.

Agents executed a search warrant on Rath’s home in Whatcom County and found he had feathers from protected birds like golden eagles and other migratory birds like hawks, jays, owls and more. The feathers were forfeited to the government.

Rath pleaded guilty to misrepresentation of Indian-produced goods and products, unlawful possession of golden eagle parts (punishable by up to one year in prison), and unlawful possession of migratory bird parts (punishable by up to six months in prison).

“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 Brown. “Stores and galleries need to partner with artists to ensure those artisans and craftsmen advertised as Indian artists truly have tribal status.”

“The Indian Arts and Crafts Board (IACB) is very pleased that Jerry Chris Van Dyke and Anthony Rath have been brought to justice for their roles in selling fake Indian artwork in violation of the Indian Arts and Crafts Act,” said U.S Department of the Interior IACB Director Meridith Stanton. “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.”

©2023 Cox Media Group

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