Indian Art: Fakes and Frauds; Tribes and state policymakers take steps to protect Native arts and crafts.

It is art from the heart, the soul and the culture. The geometric lines, the vibrant and earthen colors. The shimmer of silver and blue of turquoise. The fine weaving and the richly designed basket.

American Indians celebrated their culture through their arts. And then it became popular...

D.Y. Begay, a Navajo weaver, says that art is an integral part of life, culture and traditions that are represented by various forms, symbols and colors. Her weaving is a strong part of her life and is very important to her and to her family. "The weaving traditions are associated with our womanhood. Weaving is a special gift and it is our responsibility to carry out the traditions of weaving."

While Begay's nimble fingers celebrate her heritage, people pay considerable sums for the handwoven Navajo blankets that result. And that popularity has been the native artisan's downfall.

In order to capitalize on the popularity, unscrupulous dealers and traders have flooded the market in Southwestern states, particularly with Navajo and Zuni knockoffs. Kate Duncan, art history professor at Arizona State University, says the high demand by tourists allows dealers to easily bring in imitations. Southwestern jewelry is "easy to copy, it's fast, there's a market for it, and people make a lot of money on it," she says. Indian traditions, as well as livelihoods, suffer.

And quality suffers. In the case of Begay, imitations of her fine, handwoven work appear in blankets made with synthetic, not natural, fibers.

Eleven years ago, congress passed the American Indian Arts and crafts Act to protect Native American artists, as well as consumers. So far only two cases have gone to trial, although others are being investigated. "The process is very time-consuming," says Meredith Stanton, Director of the Indian Arts and crafts Board. complaints under the act are filed with the board, processed and then referred on to the Department of Justice (FBI) for investigation.

One case involved a South Dakota man and ended in a guilty plea and his promise to stop using the words "Native American" on items.

But the other case proves, how difficult prosecution can be. After going to trial, charges were dropped against Nader Z. Pourhassen who was accused of selling dream catchers as authentic, Indian-made products. The hoop and fiber artworks were actually made by Vietnamese factory workers in a plant near Salt Lake city, Utah. But the case was weakened when prosecutors discovered during the trial that one merchant who bought a dream catcher was "under no illusion that it was Indian-made." They also discovered that Pourhassen had at one time employed an American Indian in his plant. His attorney argued that the phrase "Indian-produced" in the law was too vague. "Is it sufficient that a member of an Indian tribe design and supervise the production?" he asked. The U.S. attorney's office said the new evidence weakened their case so that they "would not be able to sustain our burden beyond a reasonable doubt."

So states are wondering if they can do something about the problem. And 12 are trying with laws designed to protect native crafts and ferret out the imitations.

In Arizona, John Wall, an assistant attorney general, says his office works with a trader who often accompanies an undercover investigator to catch violators selling imitations. Lawsuits have been brought against dealers for violating Arizona's Consumer Fraud Act and the Indian Arts and Crafts Act. Wall says it is easier to catch and prosecute offenders under the fraud act because it requires fewer elements of proof than the more detailed arts and crafts act. Violations are civil, so offenders don't serve jail terms, but they are liable for civil penalties and restitution and must obey an order prohibiting deceptive advertising.

During the past two years, the state consumer fraud unit has filed five actions centered on imitation Indian products. Two cases are pending and injunctions, civil penalties, attorney fees and investigative costs were awarded in the other cases.

Along with Arizona, the most extensive state laws regarding Indian art and fraudulent pieces are found in Colorado, New Mexico and Texas. The more comprehensive laws define Indian materials and manufacture, as well as set misdemeanor classifications and penalties.

New Mexico passed legislation in 1997 establishing the Native American Arts and Crafts Investigation and Prosecution Project. Unfortunately, the law illustrates the difficulty of legislating against this type of fraud. Representative Leo Watchman Jr., a Navajo, says it doesn't work as expected. "How do you determine who to go after?" he asks. "Is it the dealer who employs Native Americans to make or assemble jewelry or those assemblers who are not Native American? What needs to be considered is what is authentic or Indian-made and where it originated."

Bennett Cohn of the New Mexico attorney general's office says they continue to investigate claims, generally from shop competitors. But there have been no prosecutions in the past year. Five cases were brought to the state in 1999, four of which were resolved or settled out of court. The defendants were fined from $5,000 to $10,000 and promised not to present non-authentic items as Indian-made. However, there was no follow-up inspection or enforcement because of lack of funding.

Oklahoma tribes have been fortunate in that knockoffs of their works are limited. Senator Enoch Kelly Haney, a Seminole artist, explains that the type and style of native art in Oklahoma is much different from those works created in Arizona and New Mexico. Mary Jo Watson, Native American art history professor at Oklahoma University, agrees. Southwestern art is easier to forge, she says, "because traditional designs are repeated, making the forms and styles easy to copy." Traditional styles use more geometric patterns, and there is a more rigid formula to it that makes it easier to imitate.

TRIBES IMITATE EACH OTHER

But it's not just disreputable dealers causing the problem. Tribes accuse each other of misusing symbols and misinterpreting their art.

For example, sand paintings were originally used by Navajo medicine men in healing ceremonies, but the designs are now being glued on to wood or canvas and mass-produced. The use of the Tohono O'odham man in the maze symbol has also been overly commercialized and misrepresented. And then there is the Navajo production of kachina dolls when the word "kachina" and the doll are actually Hopi.

Watson points out that this is primarily a religious issue because these images are used in ceremonies and for prayer. "For hundreds of years, tribes incorporated new patterns, designs and materials. Exchanges due to intermarriage (and by permission freely given) was acceptable, but when sacred images are copied for secular or commercial use, reaction from the Indian people is shock and a sense of betrayal," she says.

BUYER BE AWARE

Another problem associated with fraudulent Native American arts and crafts is the use of nontraditional and fake materials. Dealers deceive their buyers by presenting their products as authentic when, in some cases, the materials-much less the makers-aren't genuine. Fake materials can include blue plastic block or poor quality turquoise and other stones that have been dyed or substituted for turquoise; the use of metal that is not sterling silver; and rugs made out of synthetic material with Navajo symbols on them instead of the authentic Navajo rugs that are hand-woven and made with natural fibers.

The Hopi in Arizona and the Eight Northern Pueblos of New Mexico have tried to counter the problem with tribally run artisan associations or co-ops that sell their art. When consumers buy from these places, they can be sure that they are getting the "real thing."

Representative Watchman says this gives tribes control over their art. Neighboring Navajo artists are copied more often, he says, and, unlike the Hopi, do not have a trademark stamp to help identify their pieces as authentic. This encourages mass-produced imitations. The Council for Indigenous Arts and Culture in New Mexico is currently working with the Navajo Nation and Zuni Pueblo to develop a stamp of authenticity.

Organizations such as the Indian Arts and Crafts Board in Washington, D.C., and the Indian Arts and Crafts Association (IACA) in New Mexico also are actively trying to educate the public about this type of fraud. Their goals are to promote awareness, explain how to spot a fake and tell where the best places are to buy authentic Indian art.

For artists, they provide memberships in IACA and use of their logo as a form of identification, as well as authenticating and certifying that the product was made by an Indian artist. Since organizations like this have been around, consumers are more aware, ask more questions and are more conscious about what they are buying.

"Being an educated buyer and purchasing crafts will help to preserve the integrity and commitment of today's Native American artists," says Susan Pourian, president of IACA. Artists take pride in their work and the purchase supports continuation of their art.

The New Mexico attorney general's office tries to make buyers aware through its Web site: http://www.ago.state.nm.us/Protection/Native_American_Arts/native_ame rican_arts. html

The Indian Arts and Crafts Board also has a Web site with information on authentic vs. fake Indian art and provides a directory of where buyers can purchase authentic Indian art: http://www. doi.gov/iacb/enter.html These pages give hints on what to look for when buying authentic Indian arts and crafts.

L. Jeanne Kaufmann specializes in American Indian issues for NcSL. Photos by Tony Eriacho, Eriacho Arts and Crafts, Zuni, N.M.

RELATED ARTICLE: AMERICAN INDIAN ARTS AND CRAFTS LAWS IN THE STATES

The four states with the most comprehensive laws regarding American Indian art and imitations are found in the Southwest in Arizona, Colorado, New Mexico and Texas, where fakes show up the most. The statutes:

* Make it unlawful to sell or trade any products that are represented as authentic Indian art if they are not, as well as misrepresentations of turquoise and silver.

* Define who Indians are, which materials are natural or imitation, and if the manufacture of the product is authentic or not.

* Require anyone selling the pieces to ask who produced them, what methods were used and where materials came from in order to determine their authenticity.

* Require signs, tags or labels to clarify if the items are authentic Indian pieces or not and keeping Native American art separate from non-Indian pieces.

* Set violations and penalties that range in severity according to the value of the misrepresented property.

Oklahoma and South Dakota have similar, but less in-depth laws. Alaska, California, Montana and Nevada also have laws, but the primary focus of them is on identification of the piece with emblems, seals or registered trademarks. In these states, the authentic items are those that bear a registered trademark, stamp, seal or label of Indian labor or workmanship.

MANY FAKES ARE IMPORTS

The American Indian arts and crafts industry is a billion dollar a year business and people are cashing in from all over the world. It is easy and cheap to produce machine-made and cast items and pass them off as Indian-made. These items are imported from all over the world-Mexico, Thailand, Pakistan and the Philippines.

The U.S. Customs Service has not been able to keep up with investigating suppliers who break the law by importing objects to sell as Indian-made. Agents are not able to enforce how the items are marketed or to make sure the suppliers are acting in good faith once these items cross U.S. borders.

Importers may follow customs laws by indelibly marking the items with the country of origin, but there are ways around this. A "Made in Mexico" tag on a product can be easily removed after it reaches its North American destination, and the objects may then be passed off as Indian-made. It is generally after the items have already crossed the border and are on their way to the retailer in the states when the law is broken.