I never even thought of applying Stolen Valor laws to this issue! I always associated it exclusively with military issues. But that's a perfect fit.
I suppose I'd like to ask a question or two. I think some people might thing NAFPS is simply on a personal quest to right moral wrongs based on feelings of offense. But I submit that there are actually good legal implications in the kind of fraud being discussed here, and it sounds like you agree. When people collect money for fake charities by appealing to donors' sentiments for Indians, that's fraud. So is marketing products that don't comply with the IACA.
But on occasion, we may have suspicions that someone is violating the Indian Arts and Crafts Act by claiming status they don't have. That's against Federal law, of course. But how can one go about verifying enrollment status? Is it ultimately just a "take their word for it" situation?
I brought a concern about one OBVIOUS fraud to the attention of the White Earth Ojibway tribe of Minnesota, and inquired if they could confirm this person's enrollment claims. To my surprise, the tribe's enrollment director was furious with me for even asking, counter-accusing me of merely having a personal vendetta and trying to spite someone. This bewildered me, because I thought most tribes would be GLAD to be informed of an imposter, and would have a sense of pride in being able to distinguish genuine tribal citizenship. Even when I pleaded that this was simply a matter of compliance with the IACA (and I asked how anyone could enforce this law if tribes rebuffed queries about suspicious claimants), I hit a brick wall and gave up. To this day, the person I asked about continues to con people with ludicrous claims of being an "Ojibway medicine woman" from White Earth, to the tune of thousands of dollars each year.
So unless a tribe's enrollment office is feeling cooperative, how CAN anyone inquire about this? It seems pretty strange that a federal law would seek to protect Native peoples' status by insisting that only enrolled members of recognized tribes are allowed to sell arts and crafts as "Indian-Made," and then leave the law completely toothless by not having any mechanism to determine the enrollment status at the heart of the Act.
See what I mean? Any advice? Or is that stuff out of your jurisdiction?
