SEATTLE, WASHINGTON – A 67-year-old Western Washington artist was sentenced to 18 months of federal probation for violating the Indian Arts and Crafts Act by representing himself as a Native American artist, when he had no tribal enrollment or heritage.
A Seattle artist, identified as Jerry Chris Van Dyke aka Jerry Witten, pleaded guilty in March 2023 for violating the Indian Arts and Crafts Act (IACA). U.S. District Judge Tana Lin noted that this was not a one-time error, but a ten-year period of “undermining a community and identity.”
“Prosecuting cases of fraud in the art world is a unique responsibility and part of our work to support Tribal Nations,” said U.S. Attorney Nick Brown. “I hope this case will make artists and gallery owners think twice about the consequences of falsely calling an artist Native and work Native-produced. They should consider the damage to reputation, the legal fees, and ultimately a criminal record. Fake Native art should be kept out of the marketplace because it harms the legitimate Native art community.”
The investigation of Jerry 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 Indian artist, when in fact, he is not an enrolled tribal member. Investigators from the U.S. Fish and Wildlife Service made undercover purchases at a gallery in the Pike Place Market area of Seattle that advertised pendants Van Dyke had made as Native American art. Van Dyke used the name Witten for these sales.
When interviewed by agents, Van Dyke admitted knowing about the Indian Arts and Crafts Act, and admitted he was not a tribal member. Through the gallery Van Dyke had sold more than $1,000 worth of carved pendants represented as Native American artwork based on Aleut masks. According to the plea agreement, Van Dyke had worked with the gallery for more than ten years, with the gallery owner providing him with woolly mammoth ivory, antlers, animal bones and fossilized walrus ivory to make the pendants that it sold.
Speaking in court today, Shannon F. Wheeler, Chair of the Nez Perce, said “artwork is full of our culture… it is a piece of who we are.” Chair Wheeler continued that the sale of fake Native art “continues a process of devaluing us as a people.”
Native art “speaks of the enduring relationship that we have with our landscape,” said Nez Perce Cultural Resource Director Nakia Williamson. “All we have left is our identity, and that is under attack.”
The charges against Jerry Chris Van Dyke include violating the Indian Arts and Crafts Act, which prohibits the sale of art that misrepresents its origin. The exact charges are not specified in the source material.
Defendant: Jerry Chris Van Dyke, 67, of Seattle, Washington.
Criminal Charges: Violating the Indian Arts and Crafts Act.
City and State: Seattle, Washington.
Date: March 2023 (plea) and April 2024 (sentencing).
Sentence: 18 months of federal probation.
Amount: Over $1,000 worth of carved pendants was sold.
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Key Facts
- State: Washington
- Category: White Collar Crime
- Source: DOJ Press Release â†â€â€
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