Black or White? Carved Rhino Horns Sold at Auction, Targeted for Forfeiture

Carved rhinoceros horns sold at auction are now the subject of a federal forfeiture complaint. The U.S. Attorney's office in New Jersey recently filed papers in federal district court claiming that the carved horn cups are legally banned objects subject to seizure and forfeiture.

Prosecutors allege in U.S. v. Two Black Rhinocerso (Diceros Bicornis) Horn Carvings that I.M. Gallery in Beverly Hills, California sold the horns to an overseas buyer for $220,000. They claim the objects are subject to forfeiture under the Endangered Species Act (ESA) and the Lacey Act, which regulate endangered wildlife species possessed, purchased, or offered for sale. The lawyers also argue that the horns are subject to forfeiture as "contrary to law" under 19 U.S.C. § 1595a(d).

The government writes in its May 21st complaint, "The price of libation cups made from rhinoceros horns has increased greatly in recent years." They are highly coveted in a "thriving black market" as rhinos continue to face extinction.

Federal prosecutors allege I.M. Chait Gallery featured the carved horns on the cover of the gallery's catalog for the 2011 Asian and International Fine Arts Auction. The pieces were described as Chinese, “PAIR ANTIQUE CARVED RHINO HORN VESSELS." The gallery claimed that the objects were made from a white rhinoceros, according to the complaint.

U.S. Fish and Wildlife (USFWS) investigated the horns as the shipper prepared the objects for delivery. Export paperwork listing confused information about age ("antique" but "less than 100 years old") and species identification (white rhinoceros) led authorities to test the items. The National Fish and Wildlife Forensics Laboratory "positively identified them as carved from black rhinoceros (Diceros bicornis) horn."

The black rhinoceros is listed among the most protected endangered species in the appendix of the Convention on International Trade in Endangered Species. That treaty is implemented in the U.S. by the ESA.

Federal prosecutors explain that "a special agent of the USFWS received a voicemail message from I.M. Chait, who stated, in substance, that he was not certain what species of rhinoceros horn the carvings were made from, [and that] he (Chait) knew they were 200 years old, and therefore considered antique." The government adds to its complaint that "I.M. Chait further stated that since the carvings were antique, the specific rhinoceros species should not matter."

The buyer contacted authorities to explain, "Had I known these are the Black Rhinoceros Carvings, I would never never have risked my hard earned money from my personal savings (over $200,000) to buy them. . . . I would really appreciate if you could return these items to me. However, I am also comfortable to keep these items in US as my personal collection in [the] future in case you and US Customs think they can't be shipped out of US. But to confiscate them will be devastating to my personal finance and my life in general."

Photo credit: mordoc

This post is researched, written, and published on the blog Cultural Heritage Lawyer Rick St. Hilaire at culturalheritagelawyer.blogspot.com. Text copyrighted 2010-2013 by Ricardo A. St. Hilaire, Attorney & Counselor at Law, PLLC. Any unauthorized reproduction or retransmission of this post is prohibited. CONTACT INFORMATION: www.culturalheritagelawyer.com

Ivory Smuggling Case Moves Forward

Carved African ivory seized by US Fish and Wildlife in the case against Victor Gordon..
Source: USFWS

Plea negotiations continue in the case of United States v. Victor Gordon, according to a recent letter filed in court by Gordon's attorney. The US District Court for the Eastern District of New York has scheduled a status conference in the matter for March 15, 2012.

A federal grand jury indicted Philadelphia art dealer Victor Gordon in July 2011 for unlawfully importing and selling illegal African elephant ivory. Gordon is charged with conspiracy to smuggle elephant ivory, four counts of smuggling, and five Lacey Act violations.  Agents arrested him in July.  A person indicted is presumed innocent unless prosecutors prove guilt beyond a reasonable doubt in a court of law.  

The Lacey Act 16 USC 3371 et seq. protects wildlife and other natural resources. Under the law, it is illegal to import, transport, sell, receive, acquire or purchase specified wildlife taken, possessed, transported or sold in violation of any law, treaty or regulation of the United States.

The indictment also cites the Endangered Species Act 16 USC 1531 et seq., which makes it illegal to possess or trade illegal African ivory under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Legal import into the United States only occurs when a person obtains an import permit plus a foreign export permit issued by the country of origin or a foreign re-export permit issued by the country of re-export.

The indictment alleges that between 2006 and 2009 Gordon paid a person to travel to Africa on multiple occasions to "purchase raw elephant ivory and have it carved to Gordon's specifications. In advance of each trip, Gordon provided [the person] with photographs or other depictions of ivory carvings to serve as templates. Gordon also directed [the person] to stain or dye the elephant ivory specimens so that the specimens would appear to be old."  The ivory was brought through JFK International Airport in New York inside luggage before being sold by Gordon at his store in Philadelphia.

Federal prosecutors seek criminal forfeiture of the items seized. Specifically, they seek cash and objects that include nearly 500 ivory tusks and carvings seized between 2009 and 2010 in Pennsylvania, New York, Missouri, Kansas, Florida, and California.

If convicted, Gordon could face up to 20 years in prison.

CONTACT: www.culturalheritagelawyer.com

Smuggling Arrest and the Law Governing African Elephant Ivory

Federal agents seized approximately one ton of elephant ivory smuggled over three years through JFK International Airport in New York. They arrested Philadelphia art dealer Victor Gordon for allegedly committing acts of conspiracy and smuggling and for violating the Lacey Act, which protects wildlife and other natural resources. He is charged with unlawfully importing and selling African elephant ivory. More details and photos of the extensive ivory haul can be found at http://www.blogger.com/www.justice.gov/usao/nye/pr/2011/2011jul26.html and cityroom.blogs.nytimes.com/2011/07/26/art-dealer-charged-with-smuggling-ivory-into-u-s/. Also see http://www.justice.gov/usao/nye/pr/2011/2011jul26.html.

The current charges remind us about the laws governing the trade and possession of African ivory. African ivory is a heavily regulated item because of the protections afforded the African elephant under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the Endangered Species Act.

The rules governing the possession and trade of African elephant ivory in the United States can be summarized as follows:

- It is illegal to own, sell, or export crafted ivory that was imported into the United States after 1989 and which was less than 100 years old when the crafted ivory came across the US border.

- It is illegal to own, sell, or export uncrafted ivory that was imported into the United States after 1989. The age of the ivory does not matter.

- It is legal to own, sell, or export crafted or uncrafted ivory that was imported into the United States before 1989.