United States of America v. Vance Franklin Myers

Fresno, California criminal defense lawyer represented the Defendant charged with unauthorized excavation and removal of archeological resources from public lands.



Vance Franklin Myers, 35, of Oakhurst, was charged with excavating and removing archeological resources from public land.



Myers entered upon public lands in Madera County that were administered by the United States Forest Service and unlawfully excavated Native American cultural artifacts and Native American human remains. Artifacts removed from the site included beads, manos, rosegates, and desert side notched points. This occurred between June 1, 2015 and September 3, 2015. Excavating, damaging, and removing archaeological resources from federal and Native American lands without proper authorization is a violation of Federal law.



This case was the product of an investigation by the United States Forest Service. Assistant United States Attorney Laurel J. Montoya prosecuted the case.



16 U.S.C. 470ee provides:



(a) Unauthorized excavation, removal, damage, alteration, or defacement of archaeological resources



No person may excavate, remove, damage, or otherwise alter or deface, or attempt to excavate, remove, damage, or otherwise alter or deface any archaeological resource located on public lands or Indian lands unless such activity is pursuant to a permit issued under section 470cc of this title, a permit referred to in section 470cc(h)(2) of this title, or the exemption contained in section 470cc(g)(1) of this title.

(b) Trafficking in archaeological resources the excavation or removal of which was wrongful under Federal lawNo person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange any archaeological resource if such resource was excavated or removed from public lands or Indian lands in violation of—

(1) the prohibition contained in subsection (a), or

(2) any provision, rule, regulation, ordinance, or permit in effect under any other provision of Federal law.

(c) Trafficking in interstate or foreign commerce in archaeological resources the excavation, removal, sale, purchase, exchange, transportation or receipt of which was wrongful under State or local law



No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, or exchange, in interstate or foreign commerce, any archaeological resource excavated, removed, sold, purchased, exchanged, transported, or received in violation of any provision, rule, regulation, ordinance, or permit in effect under State or local law.

(d) Penalties



Any person who knowingly violates, or counsels, procures, solicits, or employs any other person to violate, any prohibition contained in subsection (a), (b), or (c) of this section shall, upon conviction, be fined not more than $10,000 or imprisoned not more than one year, or both: Provided, however, That if the commercial or archaeological value of the archaeological resources involved and the cost of restoration and repair of such resources exceeds the sum of $500, such person shall be fined not more than $20,000 or imprisoned not more than two years, or both. In the case of a second or subsequent such violation upon conviction such person shall be fined not more than $100,000, or imprisoned not more than five years, or both.

(e) Effective date



The prohibitions contained in this section shall take effect on October 31, 1979.

(f) Prospective application



Nothing in subsection (b)(1) of this section shall be deemed applicable to any person with respect to an archaeological resource which was in the lawful possession of such person prior to October 31, 1979.

(g) Removal of arrowheads located on ground surface



Nothing in subsection (d) of this section shall be deemed applicable to any person with respect to the removal of arrowheads located on the surface of the ground.

PROBATION: 36 MONTHS, SPECIAL ASSESSMENT $200.00, FINE $10,000,00., RESTITUTION $10,023.48