GAINESVILLE, Florida -- Preet Bharara, United States Attorney for the Southern District of
New York, and James T. Hayes, Jr., the Special Agent-in-Charge of the
New York Field Office of the U.S. Immigration and Customs Enforcement’s
(“ICE”) Homeland Security Investigations (“HSI”), announced today the
unsealing of a Complaint charging ERIC PROKOPI with multiple crimes
relating to a scheme to illegally import dinosaur fossils into the
United States, including a nearly complete Tyrannosaurus bataar skeleton
from Mongolia, a Saurolophus angustirostris skeleton, also from
Mongolia, and a Microraptor skeleton from China. PROKOPI was arrested
this morning by federal agents at his home in Gainesville, Florida, and
will be presented at the federal courthouse in Gainesville this
afternoon. PROKOPI’s arrest follows an earlier civil suit filed by this
Office seeking forfeiture of the Tyrannosaurus bataar skeleton so that
it can be returned to Mongolia. That action is pending before U.S.
District Judge P. Kevin Castel.
Manhattan U.S. Attorney Preet Bharara stated: “As alleged, our recent
seizure of the Tyrannosaurus bataar skeleton from Eric Prokopi was
merely the tip of the iceberg – our investigation uncovered a one-man
black market in prehistoric fossils. In addition to our commitment to
ensuring that these relics are returned to their countries of origin, we
are equally committed to shutting down Prokopi’s illegal business and
holding him to account for his alleged crimes.”
ICE HSI Special Agent-in-Charge James T. Hayes said: “The arrest of
Eric Prokopi and the recent seizure of the Saurolophus angustirostris
fossil sends a clear message that HSI does not tolerate the sale of
allegedly stolen cultural artifacts. We want to make this illegal
business practice extinct in the U.S. This fossil is a symbol of the
rich cultural heritage of the Mongolian people. HSI will preserve the
fossil and return it to its rightful owner.”
The following allegations are based on the Complaint unsealed today
in Manhattan federal court, the Amended Civil Forfeiture Complaint, and
statements made in court proceedings:
PROKOPI owns and runs a business called “Everything Earth” out of his
Florida home and is a self-described “commercial paleontologist.” He
buys and sells whole and partial fossilized dinosaur skeletons.
Between 2010 and 2012, the defendant acquired dinosaur fossils from
foreign countries and unlawfully transported them to the United States,
misrepresenting the contents of the shipments on customs forms. Many of
the fossils in Prokopi’s possession were indigenous to Mongolia and
could only be found in that country. In fact, Mongolian officials have
uncovered a witness who accompanied Prokopi to an excavation site in
2009 and observed him physically taking bones out of the ground. Since
1924, Mongolia has enacted laws declaring dinosaur fossils to be the
property of the Government of Mongolia and criminalizing their export
from the country.
One of the fossils PROKOPI unlawfully imported into the U.S. is the
skeleton of the Tyrannosaurus bataar, a dinosaur that lived during the
late Cretaceous period, approximately 70 million years ago. When
importing this skeleton, PROKOPI made a number of misrepresentations
about its identity, origin, and value. The Tyrannosaurus bataar
skeleton was sold at auction in Manhattan for over $1 million, pending
the resolution of court proceedings that were instituted on behalf of
the Mongolian Government in an effort to reclaim the skeleton prior to
the sale, but after the auction materials were published. When he heard
about the court proceedings, Prokopi responded by emailing an
individual who works for Heritage Auctions – the institution that put
the skeleton up for sale – stating, in part, “If [the Mongolian
president] only wants to take the skeleton and try to put an end to the
black market, he will have a fight and will only drive the black market
deeper underground.”
PROKOPI also illegally imported from Mongolia the skeleton of a
Saurolophus, another dinosaur from the late Cretaceous period that he
ultimately sold to the I.M. Chait gallery in California. In addition,
PROKOPI unlawfully sold the fossils of two other dinosaurs native to
Mongolia, Gallimimus and Oviraptor mongoliensis, and imported the
fossilized remains of a Microraptor, a small, flying dinosaur from
China.
PROKOPI, 38, of Gainesville, Florida, is charged with one count of
conspiracy to smuggle illegal goods, possess stolen property, and make
false statements, which carries a maximum sentence of five years in
prison. He is also charged with smuggling goods into the United States,
which carries a maximum sentence of 20 years in prison, and interstate
sale and receipt of stolen goods, which carries a maximum sentence of 10
years in prison.
Mr. Bharara praised the investigative efforts of ICE HSI.
The criminal case is being prosecuted by the Office’s Complex Frauds
Unit. Assistant United States Attorney Martin S. Bell is in charge of
the prosecution. The ongoing civil forfeiture case is being handled by
the Office’s Asset Forfeiture Unit. Assistant United States Attorneys
Sharon Cohen Levin and Martin S. Bell are in charge of the forfeiture
case.
The charges against PROKOPI are merely allegations. He is presumed innocent unless and until proven guilty.