Buddha Figurines Discovery Update
What we heard is that if you find a gold nugget in along the American River, it is yours to keep, but if you find a historical artifact and keep it, you are defrauding the government by removing it from the park land. This rule was at the center of a controversy years ago, and it is still an interesting story.
Investigation and Seizure of Figurines
Federal and state authorities were actively investigating the origins of the approximately 400 Buddha figurines found by prospector Herman Henry along the American River. Following the discovery, Jim Bowers, a local resident who purchased over 200 of these figurines, faced scrutiny from authorities. Bowers reported that federal agents seized the remaining figurines from his convenience store, leading to a heated exchange where he questioned the legality of the seizure without a court order or warrant. The agents reportedly warned him that he could face arrest if he did not comply with their demands to surrender the items.
Authenticity and Historical Context
The authenticity and age of the figurines remain in question. While Henry claimed they could be hundreds of years old, experts had yet to confirm their historical significance. Some reports suggested that the figurines might not be ancient artifacts but rather 19th-century Chinese replicas, raising doubts about the narrative of a significant archaeological find.
Herman Henry’s Position
Herman Henry expressed concern about potential legal repercussions, stating, “I don’t want to go to jail,” and indicated that he had hidden the remaining figurines he found. He asserts that he was not hiding from authorities but was wary of the legal implications of his discovery. Investigators were still deliberating whether to charge him with any crimes related to the find, especially given the legal distinctions between finding gold and historical artifacts in California.
Community Reactions
The community of Colfax showed a mix of skepticism and intrigue regarding the figurines. Local residents displayed their own finds, but many, including State Park Ranger Donna Turner, questioned the circumstances of their discoveries and the legality of removing such items from public lands.
As the investigation continued, the situation remained fluid, with authorities working to determine the true nature of the figurines and the legality of their acquisition.
The charge of theft of an artifact I understand, but “defrauding the government” if these artifacts are real? What is the fraud? Here is the answer:
In the United States, artifacts found on public land are generally considered the property of the state. This means that if someone finds an artifact and does not report it or seeks to keep it, they could potentially face charges for defrauding the government. Here are the key points regarding this issue:
- Ownership of Artifacts: Under U.S. law, particularly the Antiquities Act of 1906 and various state laws, artifacts found on public lands are owned by the government. This includes items that are over 50 years old and of historical or cultural significance.
- Legal Implications: If an individual finds such an artifact and fails to report it or attempts to sell it, they could be charged with theft or defrauding the government. The latter charge applies because the individual is essentially claiming ownership of something that legally belongs to the state, which can be seen as an attempt to deceive the government regarding the ownership and provenance of the artifact.
- Context of Discovery: The legality of keeping or selling an artifact often depends on where it was found. Artifacts discovered on private land may have different legal considerations, but those on public land require reporting to the appropriate authorities.
- Consequences of Removal: Removing artifacts from their context can also hinder archaeological research, as it destroys the information that can be gleaned from the artifact’s original location. This is another reason why laws are strict regarding the handling of such finds.
Update
The investigation into the Buddha figurines found in Colfax has been resolved. It was determined that the figurines were not ancient artifacts but rather modern replicas. The source of the figurines was identified as a Sierra College professor, Casey O’Connor, who had created around 500 of these pieces and placed them in the canyon as part of an art project to “spread some karma around” among locals and tourists.
Following the investigation, the Bureau of Land Management confirmed that the figurines were not historical artifacts, which led to the conclusion that no further legal action was necessary against Henry or others involved in the case.
The community’s curiosity about the figurines was ultimately addressed, and the incident highlighted the importance of understanding the distinction between genuine archaeological finds and contemporary art pieces.
Read More
[1] http://discussion.cprr.net/2006/01/buddha-head-figurines-at-cape-horn.html
[2] https://www.academia.edu/10132252/Buddha_Rush_A_Story_of_Art_and_its_Consequences
[3] https://goldcountrymedia.com/news/89767/buddha-figurines-found-in-the-american-river-are-not-artifacts-yet/
[4] http://www.benawa.com/webpages/salaamtolana/fullstory2.php?id=3049