Nowadays, the field of paleontology- the study of prehistoric life- is seen as a harmless, wonderful practice. The media has also glamorized the field as seen in children’s books, movies, and video games.  However, many people are unaware of the link between paleontology and the law. Certain laws combat the “dark side” of paleontology: fossil smugglers stealing paleontological finds from foreign countries, black markets for stolen fossils arising worldwide, and on-going conflict between commercial paleontologists and educational institutions. Many specimens have been victims of theft or vandalism. This issue crosses many international borders as it concerns domestic and foreign members of the paleontological communities.

The Theft of the Tyrannosaur “Sue.”

To this day, fossil theft is a common occurrence. Sometimes, these incidents make a large impact in the legal and paleontological community and receive widespread recognition. The theft of the South Dakotan Tyrannosaur specimen “Sue” – one of the largest, best-preserved, and most complete Tyrannosaurus rex– is an example. Sue is forty-five feet long and currently resides in the Field Museum of Chicago; however, her history is shrouded in controversy.

Sue Hendrickson discovered Sue on the Cheyenne River Indian Reservation in 1990. She reported the discovery to the Black Hills Institute of Geological Research (“BHI”), who had an existing agreement with the ranch owner and member of the Cheyenne River Sioux Tribe- Maurice Williams. BHI gave Williams $5,000 for them to remove and transport the specimen. Vincent Santucci, a paleontologist at the National Parks Service, soon learned about the sale and was enraged that BHI and its president, Peter Larson, had claimed ownership of the skeleton. Santucci believed the rancher did not have the permission to sell the skeleton. Santucci stated Williams, because he was a member of the tribe, did not technically own the land where Sue was discovered as the land was held in trust by the Department of Interior. After Santucci notified the Department of Justice, the FBI and the South Dakota National Guard raided the BHI site where the bones were being cleaned and seized the specimen. Afterwards, BHI sued the Department of Justice.

After a lengthy civil case, the U.S. District Court in South Dakota decided that Williams retained ownership and the fossils were returned to him in 1995. Afterwards, he sold the skeleton at auction. The Field Museum in Chicago purchased the skeleton for $8.3 million with help from donors, such as Walt Disney Parks and Resorts and McDonalds. Afterwards, she was placed in her current abode within the Museum.

International Fossil Smugglers

Fossil smugglers are not a new phenomena. For decades, smugglers illegally acquired and transported fossils across borders. Some of these dilemmas take decades to resolve; for example, in 1995, a German museum acquired fossils of a Brazilian dinosaur, Ubirajara jubatus. The German scientists believed the specimen was acquired legally. Brazil has strict laws regarding the exportation of excavated fossils. Brazil rarely authorizes permits, and most expeditions require assistance from a Brazilian scientist or institution. According to Brazilian law, even studying a fossil retrieved from the country requires the presence of a Brazilian scientist. After the fossil was determined illegally acquired and after years of outrage from Brazilian scientists, the German museum announced in July 2022, the specimen would return to Brazil. However, Ubirajara is not the only fossil smuggled out of Brazil. Several other species have been found in German museums. The spinosaur, Irritator challengeri, was acquired by the State Museum of Natural History Stuttgart through the illegal fossil trade. Tetrapodophis amplectus, a prehistoric snake-lizard, was also illegally acquired and exhibited in the Bürgermeister-Müller-Museum.

Mongolia has also been the victim of fossil smugglers. In 2012, Eric Prokopi- a commercial paleontologist- was charged with conspiracy to smuggle illegal goods, possessing stolen property, and making false statements. He also was charged with smuggling goods into the United States and engaging in the interstate sale and receipt of stolen goods. These “goods” included several Tarbosaurus skeletons (also known as Tyrannosaurus bataar), a Saurolophus skeleton, an unnamed Chinese pterosaur, and an Oviraptor skeleton. Prokopi pleaded guilty to one count of conspiracy with respect to the Chinese pterosaur, one count of entry of goods by means of false statements with respect to the Mongolian dinosaurs, and one count of interstate and foreign transportation of goods converted and taken by fraud. Prokopi was sentenced to three months in federal prison. Prokopi had been smuggling fossils into the country for years, including one Tarbosaurus skull that Nicolas Cage purchased in 2007. All of Prokopi’s fossils were then returned to Mongolia.

Conclusion

As one can see, Paleontology is still plagued by incidents of smuggling and fossil theft. In 1999, a National Park Service survey was released that indicated there were 721 incidents of paleontological resource theft or vandalism at national parks from 1995 to 1998. Luckily, these incidents have been combated by the enactment of recent legislation and regulatory law. Furthermore, paleontologists, governments, and educational institutions will not rest until fossil smuggling and theft are extinct.

Read more about paleontology law at the Law Library:

Buried Treasure: Finders, Keepers, and the Law, by Cecil Kuhne, KF713.T7 K84 2013

Geology for Nongeologists, by Frank Spellman, QE31 .S64 2009

The National Historic Preservation Act: Past, Present, and Future, ed. Kimball Banks, KF4310.A33 N38 2016

Restitution: The Return of Cultural Artefacts, by Alexander Herman, K3791 .H46 2021

Libguide: Jurassic Law: South Carolina’s Paleontology and its Connection with the Legal Field.

Addison “Oz” Osborne

3L Senator, Student Bar Association
Research Fellow, Sol Blatt Jr. Law Library
President, Paleontology Law Coalition
Social Chair, Second Amendment Association
Juris Doctor Candidate, May 2023 Charleston School of Law