Kenneth Stephen Fagin, Jr. and Terry Bruce Tate, Artifact Smuggling, Tennessee 2015

Chattanooga, TN – In a shocking case of history theft, Kenneth Stephen Fagin, Jr., 39, of South Pittsburgh, TN, and Terry Bruce Tate, 61, of Manchester, TN, were sentenced to 30 months in federal prison for illegally excavating Civil War artifacts from public lands.

The court, presided over by the Honorable Curtis L. Collier, U.S. District Court Judge, handed down the sentence on July 30, 2015. In addition to their prison time, Fagin and Tate were ordered to pay restitution to the Tennessee Valley Authority (TVA) and the National Park Service. Fagin was ordered to pay $22,463.59 in restitution, while Tate was ordered to pay $21,619.59.

Upon their release from prison, Fagin and Tate will each serve a one-year term of supervised release. The duo pleaded guilty in February 2015 to multiple counts of violating the Archaeological Resources Protection Act (ARPA), which is designed to protect archaeological resources found on public and Indian lands.

The investigation revealed that Fagin, Tate, and others excavated Civil War-era artifacts from the bottom of Fort McCook, also known as Battle Creek, which is located on TVA property, from September 2007 to July 2011. The artifacts included Civil War Hotchkiss shells, which are pieces of artillery used during the Civil War.

Fagin and Tate did not have permits as required under the ARPA nor did they have authority from TVA or any other entity to excavate artifacts from Battle Creek. In August 2009, the duo also excavated Civil War-era U-rails from public lands in Bridgeport, Alabama, and transported and delivered a counterfeit ‘Sherman Bow-Tie’ made from Civil War-era U-rails in March 2010.

In August 2010, Fagin excavated Civil War-era artifacts from Shiloh National Military Park, including a .57 cal. three-ring rifle bullet, five fired three-ring rifle bullets, and Schenkl artillery shell fragments. Fagin had no permit or authorization from the National Park Service to excavate artifacts from Shiloh National Military Park.

The agencies involved in this investigation included TVA and the National Park Service. Anne-Marie Svolto, Assistant U.S. Attorney, represented the United States.

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