Guilty Plea from Florida Man Who Smuggled Dinosaur Fossils

A Florida man pleaded guilty Dec. 27 to engaging in a scheme to illegally import into the United States numerous dinosaur fossils that had been smuggled out of their native country. This guilty plea resulted from an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

As part of his plea agreement, Eric Prokopi, 38, agreed to the forfeiture of a nearly complete Tyrannosaurus bataar skeleton (the First bataar), which was looted from Mongolia and sold at auction in Manhattan for over $1 million. The First bataar was the subject of a separate pending civil forfeiture action. Prokopi also agreed to forfeit a second nearly complete Tyrannosaurus bataar skeleton, a Saurolophus skeleton, and an Oviraptor skeleton, all of which he possessed and were recently recovered by the government. In addition, Prokopi will forfeit his interest in a third Tyrannosaurus bataar skeleton believed to be located in Great Britain. All of the fossils originated in Mongolia. The skeleton of a Chinese flying dinosaur that Prokopi illegally imported has already been administratively forfeited.

According to court documents, and statements made in Manhattan federal court, Prokopi owned and ran a business out of his Florida home and is a self-described commercial paleontologist. He bought and sold whole and partial fossilized dinosaur skeletons. Between 2010 and 2012, he acquired dinosaur fossils from foreign countries and unlawfully transported them to the United States, misrepresenting the contents of shipments on customs forms. Many of the fossils were unlawfully taken from Mongolia in violation of Mongolian laws declaring dinosaur fossils to be the property of the Government of Mongolia, and criminalizing their export from the country.

Aware that the dinosaur fossils had been removed from Mongolia illegally, Prokopi worked with others to bring these dinosaur fossils into the United States, using false or misleading statements on customs forms concerning their identity, origin and value. He then sold or attempted to sell these fossils.

Among the fossils unlawfully procured, transported or sold in this fashion were the first bataar and an additional nearly complete Tyrannosaurus bataar skeleton (the second bataar), two Saurolophus skeletons, one of which was sold to the I.M. Chait Gallery in California for $75,000, and two Oviraptor skeletons. The Saurolophus skeleton sold to the auction house was seized in September 2012. The remaining Saurolophus skeleton and the Oviraptor skeletons were recovered from Prokopi during the investigation.

Tyrannosaurus bataar was a carnivorous dinosaur that lived during the late Cretaceous period, about 70 million years ago. The Saurolophus, which also lived during the late Cretaceous period, was a duckbilled, plant-eating dinosaur. The Oviraptor, of the same time period, featured a parrot-like skull.

Earlier, in 2010, Prokopi illegally imported into the United States the fossilized remains of a small, flying dinosaur from China, by directing another individual to make false claims on importation paperwork.

Prokopi pleaded guilty to one count of conspiracy with respect to the Chinese flying dinosaur, one count of entry of goods by means of false statements with respect to the Mongolian dinosaurs, and one count of interstate and foreign transportation of goods converted and taken by fraud. He faces a maximum sentence of five years in prison on the conspiracy count, a maximum of two years on the entry of goods by means of false statements count, and a maximum of 10 years on the interstate transportation of goods converted and taken by fraud.

In addition, Prokopi has agreed to forfeit the proceeds of his offense, including but not limited to, the first bataar, the second bataar, any and all interest in the Tyrannosaurus skeleton believed to be in Great Britain, the Saurolophus and Oviraptor skeletons that had been in Prokopi's custody, and any and all other fossil parts of Mongolian origin that Prokopi brought into the country between 2010 and 2012. For each of the three counts in the information, Prokopi faces a maximum fine of $250,000 or twice the gross gain or loss from the offense. Prokopi is scheduled to be sentenced by U.S. District Judge Alvin K. Hellerstein April 25, 2013.

HSI plays a leading role in criminal investigations that involve the illegal importation and distribution of cultural property, including the illicit trafficking of cultural property, especially objects that have been reported lost or stolen. The HSI Office of International Affairs, through its 73 attaché offices in 47 countries, works closely with foreign governments to conduct joint investigations, when possible.

HSI's specially trained investigators, assigned to both domestic and international offices, partner with governments, agencies and experts to protect cultural antiquities. They also provide cultural property investigative training to law enforcement partners for crimes involving stolen property and art, and how to best enforce the law to recover these items when they emerge in the marketplace.

Since 2007, more than 6,600 artifacts have been returned to 24 countries, including paintings from France, Germany, Poland and Austria, 15th to 18th century manuscript from Italy and Peru, as well as cultural artifacts from China, Cambodia and Iraq. 

HSI Arrest Florida Dinosaur Enthusiast for Stealing Dinosaur Bones from Mongolia

U.S. Immigration and Customs Enforcements (ICE) Homeland Security Investigations (HSI) special agents arrested Eric Prokopi, 38, of Gainesville, Fla., early Wednesday, October 17, 2012, pursuant to a federal criminal complaint charging him 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 the morning of Wednesday, October 17, 2012, by HSI special agents at his home in Gainesville, Fla., and was presented at the federal courthouse in Gainesville the afternoon of Wednesday, October 17, 2012. Prokopi is charged with one count of conspiracy to smuggle illegal goods, possess stolen property and make false statements. If convicted on this charge, he faces 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.

Prokopis arrest follows an earlier civil suit filed by the U.S. Attorneys Office Southern District of New York (USAO SDNY) 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 Prokopis illegal business and holding him to account for his alleged crimes."

HSI NY Special Agent in Charge James T. Hayes Jr. 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 Wednesday, October 17, 2012, 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 Prokopis 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 Mongolian government 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 an auction in Manhattan for more than $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 angustirostris, 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.

The investigation is being conducted by HSI New York.

HSI plays a leading role in criminal investigations that involve the illegal importation and distribution of cultural property, as well as the illicit trafficking of artwork. The agency specializes in recovering works that have been reported lost or stolen. The HSI Office of International Affairs, through its 71 attaché offices in 47 countries, works closely with foreign governments to conduct joint investigations, when possible.

HSI specially trained investigators, assigned to both domestic and international offices, partner with governments, agencies and experts to protect cultural antiquities. They also train investigators from other nations and agencies on investigating crimes involving stolen property and art, and how to best enforce the law to recover these items when they emerge in the marketplace.

Since 2007, HSI has repatriated more than 2,500 items to more than 23 countries.

The criminal case is being prosecuted by the USAO SDNYs Complex Frauds Unit. The case is being prosecuted by Assistant U.S. Attorney Martin S. Bell. The ongoing civil forfeiture case is being handled by the Offices Asset Forfeiture Unit. Assistant U.S. 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.

HSI Recovers Tyrannosaur Skeleton; Returns to Mongolia

The nearly complete skeleton of a dinosaur was forfeited June 22, 2012 to U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) special agents. This action stems from an investigation by HSI and the U.S. Attorney's Office for the Southern District of New York.

The skeleton of a Tyrannosaurus Bataar dinosaur (the Tyrannosaurus Bataar Skeleton) was looted from the Gobi Desert in Mongolia. This forfeiture is the first step to the hopeful repatriation of the fossil to Mongolia.

"I thank and applaud the United States Attorney's Office in this action to recover the Tyrannosaurus Bataar, an important piece of the cultural heritage of the Mongolian people," said Tsakhiagiin Elbegdorj, president of Mongolia. "Cultural looting and profiteering cannot be tolerated anywhere and this cooperation between our governments is a large step forward to stopping it."

"As alleged, criminal smugglers misrepresented this fossil to customs officials when they illegally imported it into the United States," said ICE Director John Morton. "HSI works diligently to counteract loopholes smuggling organizations use to attempt to facilitate the entry of stolen and looted items into the United States illicitly."

"The skeletal remains of this dinosaur are of tremendous cultural and historic significance to the people of Mongolia, and provide a connection to the country's prehistoric past," said U.S. Attorney Preet Bharara, Southern District of New York. "When the skeleton was allegedly looted, a piece of the country's natural history was stolen with it, and we look forward to returning it to its rightful place."

According to court documents, the Tyrannosaurus Bataar, a native of what is now Mongolia, was a dinosaur from the late Cretaceous period, approximately 70 million years ago. It was first discovered in 1946 during a joint Soviet-Mongolian expedition to the Gobi Desert in the Mongolian Ömnögovi Province. 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.

On March 27, 2010, the Tyrannosaurus Bataar skeleton was imported into the United States from Great Britain. The customs importation documents contained several misstatements. First, the country of origin of the Tyrannosaurus Bataar skeleton was erroneously listed as Great Britain. However, according to several paleontologists, Tyrannosaurus Bataars have only been recovered in Mongolia. In addition, the Tyrannosaurus Bataar skeleton was substantially undervalued on the importation documents. Customs importation forms listed its value as $15,000, in contrast to the $950,000 to $1.5 million price listed in a 2012 auction catalog.

Finally, the Tyrannosaurus Bataar skeleton was incorrectly described on the customs importation documents as two, large, rough fossil reptile heads; six boxes of broken fossil bones; three rough fossil reptiles; one fossil lizard; three rough fossil reptiles and one fossil reptile skull.


Texas-based Heritage Auctions Inc., offered the Tyrannosaurus Bataar skeleton for sale at an auction conducted in New York. Prior to the sale, the Government of Mongolia sought — and was granted by a Texas Civil District Judge — a temporary restraining order prohibiting the auctioning, sale, release or transfer of the Tyrannosaurus Bataar skeleton. Notwithstanding the state court order, Heritage Auctions completed the auction and the Tyrannosaurus Bataar skeleton sold for $1.052 million. The sale, however, is contingent upon the outcome of any court proceedings instituted on behalf of the Mongolian Government.

On June 5, at the request of the President of Mongolia, several paleontologists specializing in Tyrannosaurus Bataars examined the Tyrannosaurus Bataar skeleton and concluded it is a Tyrannosaurus Bataar skeleton that was unearthed from the Western Gobi Desert in Mongolia between 1995 and 2005.

HSI plays a leading role in criminal investigations that involve the unauthorized importation and distribution of cultural property, as well as the illegal trafficking of artwork. The agency specializes in recovering works that have been reported lost or stolen. The HSI Office of International Affairs, through its 70 attaché offices in 47 countries, works closely with foreign governments to conduct joint investigations, when possible.

HSI specially trained investigators, assigned to both domestic and international offices, partner with governments, agencies and experts to protect cultural antiquities. They also train investigators from other nations and agencies on investigating crimes involving stolen property and art, and how to best enforce the law to recover these items when they emerge in the marketplace.

Since 2007, HSI has repatriated more than 2,500 items to more than 23 countries.