Whatcom County man reportedly misrepresents his Native American heritage to sell artwork
A Whatcom County man is one of two Western Washington artists who have been charged with violating the Indian Arts and Crafts Act for allegedly misrepresenting themselves as Native American artists though they have no Tribal membership or heritage.
Maple Falls’ Lewis Anthony Rath, 52, was scheduled to make his first appearance in U.S. District Court in Seattle Friday, Dec. 10, according to a U.S. Department of Justice news release, along with Seattle’s Jerry Chris Van Dyke, 67.
“Our special agents investigate crimes that violate the Indian Arts and Crafts Act on behalf of the U.S. Department of the Interior and the Indian Arts and Crafts Board,” Assistant Director of the U.S. Fish and Wildlife Service Office of Law Enforcement Edward Grace said in the release.
“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. We thank the Indian Arts and Crafts Board and the U.S. Department of Justice for their assistance with these investigations.”
Rath is charged with four counts of misrepresentation of Indian-produced goods and products, one misdemeanor count of unlawful possession of golden eagle parts and one misdemeanor count of unlawful possession of migratory bird parts, according to the release.
The investigation into Rath began in May of 2019, following a complaint made to the Indian Arts and Crafts Board.
The investigation found that Rath falsely represented himself to be a member of the San Carlos Apache Tribe, according to the release.
Undercover agents purchased a carved totem pole and necklace for $1,334 from a Pike Place Market gallery in Seattle, the release reported, adding that the agents noted other carvings in the gallery by Rath that were represented as being Native produced.
Agents also purchased a totem pole and mask from another Seattle waterfront shop, where a biography card of the artist falsely claimed that Rath was Native American, according to the release.
Investigators also found that Rath used an internet site to sell his products, the release states, and it also falsely claimed that Rath was an enrolled member of the San Carlos Apache Tribe.
While executing a search warrant of Rath’s Whatcom County home and studio, agents found he also had feathers from protected golden eagles and other migratory birds, such as jays, owls and more, the release states
Van Dyke, meanwhile, is facing charges of two counts of misrepresentation of Indian-produced goods and products, according to the release, after he falsely claimed to be a Nez Perce Indian artist, though he is not an enrolled tribal member.
Investigators made undercover purchases of two pendants made by Van Dyke (though he used the name Jerry Witten) at the same Pike Place Market Gallery, according to the release. He reportedly sold more than $1,000 worth of carved pendants and Native American artwork based on Aleut masks through the gallery.
When interviewed, Van Dyke admitted to knowing about the Indian Arts and Crafts Act and that he was not a Tribal member, the release states.
Convictions for misrepresenting Indian-produced goods and products bring up to five-year prison sentences, according to the release, while the misdemeanor charges Rath faces can each be punishable with up to one year.
This story was originally published December 10, 2021 at 11:57 AM.
