Josh Chait, who runs the gallery, said the sales create financial incentives for exploration that can lead to groundbreaking discoveries.
Federal law generally prevents the removal of bones from public lands without a research permit. But the remoteness of many prime fossil grounds in Utah, Montana, Wyoming, Colorado and other western states makes enforcement difficult.
"There's probably somebody out stealing fossils from federal land in Montana today, and we don't know about it because there's not enough law enforcement to patrol all of these sites," said Martin McAllister, a private archaeological investigator from Missoula.
A sweeping public lands bill approved Thursday by the U.S. Senate contains penalties that specifically target fossil theft from federal land, which paleontologists have sought for years. The bill now heads to the House of Representatives for final action." [link]
Thanks to Rebecca for these recent updates on this story. You can read the progression of this story on the blog here.
Fossil hunter digs up more controversy
By KIM SKORNOGOSKI
Great Falls Tribune Staff Writer
"This summer, fossil hunter Nate Murphy and his crew carefully unearthed three stegosaurus skeletons discovered on a ranch near Grass Range.
Unlike his past dinosaur digs — including the one that unearthed Malta's famed mummy duckbill, Leonardo — Murphy's finds aren't destined for a Montana museum.
The nonprofit Judith River Dinosaur Foundation, which is affiliated with Malta's new Great Plains Dinosaur Museum, cut ties with Murphy in July 2007, after state and federal agents began investigating him for allegedly stealing dinosaurs. Last month, he was charged in Phillips County District Court with stealing a turkey-sized raptor.
However, through his private company, the Judith River Dinosaur Institute, Murphy continues to recruit volunteer scientists along with amateur fossil fans who shell out $1,600 each to spend a week digging by his side.
Some paleontologists fear that he is drawing a fuzzy line with the name of his company. They say it could mislead private landowners who allow fossil hunters on their property with the intent that any dinosaurs discovered be displayed in a Montana museum.
"I think a lot of people are still confused," said Bob Bakker, paleontologist and curator of the Houston Museum of Natural Sciences, which currently hosts Leonardo. "You can't continue to have a for-profit operation with the smokescreen of a nonprofit organization.
"Good-hearted people are donating their time and pay a fee for the privilege of digging — that's reprehensible to have a name like that. There's nothing wrong with running a commercial operation, but they have to be very clear about what they do," Bakker added.
Murphy says his intention always is to keep his finds in Montana.
He recently bought a warehouse in Billings and is working to create a new Dino Lab, much like the converted garage he operated at the Dinosaur Field Station in Malta. Murphy said his plan is to eventually keep the stegosaurus finds there.
Grass Range rancher David Hein, whose family owns the land where the stegosaurus skeletons were found, wouldn't detail his arrangement with Murphy, but said he is confident the dinosaurs will stay in the state.
"We have found Nate to be very honest and honorable in all his dealings with us," Hein said. "We consider him a friend."
Malta ranchers JoAnn and Howard Hammond had similar opinions of Murphy for the 16 years he brought dig crews onto their land. Once they learned of the criminal allegations, the Hammonds betrayed, they said, and tried to warn other landowners.
Grass Range rancher Merril Klakken said the Hammonds' worries didn't concern him, so he let Murphy dig on his land in the summer.
"When we made the agreement, the bones were to go to the Judith River Foundation in Malta and remain there," Klakken said. "Now, when we saw him this summer, Nate said he had a warehouse lined up in Billings to take these bones to. I don't know what's going to happen."
The fossils found on Klakken's property are stored in his shed, but they belong to Murphy by contract. Klakken will get 10 percent of any money made from replicas.
Sue Frary, the director of programs and exhibits at the Great Plains Dinosaur Museum, said any claims that fossils found by Murphy and his commercial customers will go to Malta are false.
"We would not accept any fossils from him, nor do we have any affiliation with him," she said. "We do realize that he's continuing his dig programs, but we have no idea where those fossils are going."
In the current criminal case, prosecutors allege that Murphy lied about where he found a rare raptor, which is estimated to be worth between $150,000 and $400,000.
Prosecutors say Murphy told paleontologists two stories: first, that he found the raptor in Saco and, later, that it was hidden under a fossilized turtle found on the Hammonds' land and was discovered in the lab.
The original location of the raptor fossil is important because, in the United States, whoever owns the land, owns the dinosaur.
Court documents state that Murphy shipped the raptor to the Black Hills Institute in South Dakota to have molds and casts made.
Bakker said commercial sellers can make far more money from replicas than from selling the original fossils.
On his company's Web site, Murphy writes that he is working to create a new nonprofit organization, the Little Snowy Mountain Dinosaur Project, where people could send tax deductible donations to get the new Dino Lab up and running.
"Because he was forced out of Malta after having done everything for those people up there, he's starting all over again," Hein said.
Most of Murphy's great finds draw crowds to Malta's new museum, which opened in June. The dinosaur that made him famous, the duckbill Leonardo, now stars in a year-long special exhibit at the Houston Museum of Natural Sciences and is the subject of a Discovery Channel documentary.
Leonardo is considered the world's best preserved dinosaur because his skin and organs — even his last meal — are intact. Scientists believe he could hold answers to questions about what the world was like 77 million years ago.
Murphy said Leonardo's fame made Murphy the target of paleontologists who questioned his credentials because he doesn't have a doctorate. It also made people start seeing dollar signs.
"I do what I love to do — it's never been about money," he said. "Even though, later on, other people put price tags on these dinosaurs, I've never cared about the money."
Depending on who's telling the story, Murphy either volunteered or was pushed to sign over his partial ownership of all the fossils found on the Hammonds' land from his private institute to the similarly named nonprofit foundation.
Murphy said he learned his lesson and now he specifies in his contracts with landowners before he begins digging that he has controlling interest in the specimens.
In dinosaur and ancient antiquity hotspots such as China, Egypt, Israel and Mongolia, any fossils or artifacts found belong to the people of the country.
Other countries such as Argentina are more of a free market, with dinosaur hunters and nonprofits battling in court to claim valuable finds.
While there isn't a state law dictating who owns fossils found in Montana, a federal judge has laid out the rules all paleontologists and commercial diggers must follow across the country.
A fierce court battle stemmed from the discovery of one of the largest Tyrannosaurus — and the most complete — ever discovered. It was named Sue after the amateur paleontologist who found it in 1990, in South Dakota's Hell Creek Formation....."
Now the story turns to Sue and that entire situation, which I would rather not relive, but I encourage you to read.
"A federal judge decided that whoever owns the land — be it the state, the federal government or a private party — owns whatever fossils are found in the ground.
Sue later sold at auction for nearly $8 million, opening the door to high-dollar dinosaur dealing.
Given the state and federal investigation of Murphy, Judith River Dinosaur Foundation board members feared court wrangling similar to that over sue could occur over Leonardo.
According to the court documents charging Murphy with stealing the turkey-sized raptor, he arranged with the Hammonds to equally split ownership of all discoveries on their property.
With the investigation looming, the foundation scrambled to switch ownership of Leonardo and several other fossils from Murphy's company to the foundation.
"It was a bit like getting divorced, and the fear was that the fossil would get tied up in the divorce," said Joe Iacuzzo, Murphy's former business partner. "We heard wild estimates that Leonardo would sell for $1 million to $10 million."
While Leonardo is in Houston, the allegedly stolen raptor, which is considered evidence in the pending felony case, is being kept safe in a locked state evidence locker.
Though officials with the FBI and the U.S. Attorney's Office can't talk about an investigation until charges are filed, witnesses involved in the case say they believe the charges involving the raptor are just the beginning.
"It's not just the raptor, it was others too," Bakker said. "The federal investigation is much bigger."
Murphy first got tangled up with the law in 1994, when he found a hadrosaur brachylophosaurs, named Elvis, 35 miles north of Malta, on federal Bureau of Land Management property. With a storm rolling in, Murphy shored up the dirt above the exposed bones and covered the fossil until he could return with an official.
He was fined $500 for tampering with a historic specimen.
Montana paleontologists fear that landowners will be reluctant to allow scientists on their property to hunt for fossils because Murphy has long had a reputation as a respected fossil hunter who volunteers his time to discover and protect Montana's Jurassic jewels.
Bynum-area paleontologist David Trexler, whose family found Montana's other major dinosaur discovery known worldwide as Egg Mountain, considered Murphy a friend and compatriot in the mission to find and keep dinosaurs in the state.
Trexler and Murphy developed a code of ethics for professional and amateur diggers, hoping to guide fossil hunters to develop good relationships with landowners and follow responsible digging practices.
"He talked the talk and, to me and a lot of others, he seemed to walk the walk," Trexler said. "Come to find out, he set up the rules for everybody else."
Trexler and Bakker both advise landowners to check references and make sure that fossil hunters work for nonprofits before signing any contracts.
"It's sad, but the days of the handshake and you're as good as your word are going away," Trexler said. "I'm hoping that the focus will help landowners understand the differences between someone who says 'I'm a paleontologist and I want to collect dinosaurs,' and someone who says 'I can make you a whole bunch of money.'"
Trexler added that he hopes the charges and pending federal investigation of Murphy will encourage the Legislature and Montana's federal congressional delegation to license and regulate fossil hunting.
He also would like to see changes in the law to give states the first opportunity to buy fossils found on private land that are then put up for sale.
When Trexler first started in paleontology, two dinosaurs found in Montana could be seen in the state. He's made it his life's goal to build the Dinosaur Trail — a series of small-town museums dotting the Hi-Line — to benefit the communities where the dinosaurs were found.
It's the potential impact of Murphy's charges on the Dinosaur Trail and efforts to continue that work that worry him the most.
"I really, really worry about the damage," Trexler said. "I know the folks in Malta are not going to be hurt over the long term. But is this going to hurt the Dinosaur Trail? Is this going to offset the good that Leonardo is going to do? Is this going to lure more commercial diggers here?
"Obviously there are going to be repercussions. I just hope they're not too severe," he added."
Read the entire article here. Thanks to Russ for the heads up as the story continues to develop.
By KIM SKORNOGOSKI
Tribune Staff Writer
Nate Murphy, the paleontologist who discovered several of Malta's most famous fossils, including the dinosaur mummy Leonardo, was charged Tuesday in Phillips County with stealing a turkey-sized raptor fossil.
The result of a yearlong investigation, state prosecutors allege that Murphy lied about where the raptor was found in order to sell replicas of the fossil, which is estimated to be worth between $150,000 and $400,000.
Murphy was the director of paleontology with the Dinosaur Field Station in Malta for 15 years before resigning July 1, 2007 — one month after the Montana Division of Criminal Investigations, the FBI and the Bureau of Land Management began their investigation.
"I could be a millionaire now if I had the intention of selling those specimens I've been collecting for years," Murphy said Tuesday. "I do what I love to do. It's never been about money."
Since 1993, Murphy has run a paleo-outfitting business, taking crews of amateur diggers to ranches outside Malta and Grass Range looking for dinosaur bones.
In those years, he found a new species of long-necked dinosaur near Grass Range, a family of Stegosauruses near Malta and three duckbills — which now share a home at Malta's new Great Plains Dinosaur Museum.
His most amazing find was Leonardo, considered the world's best-preserved dinosaur, complete with organs, skin and tissue that could unlock mysteries dating back 77 million years. The fossil graced the cover of Newsweek and National Geographic and is the star of an hourlong documentary debuting Sunday on the Discovery Channel.
As a result of the investigation, just who owned those fossils came into question. Murphy had a long-standing arrangement with the Hammond family to dig on their property about 26 miles north of Malta.
According to the affidavit charging Murphy, he agreed to report all significant finds to the Hammonds before excavating or removing them, and that all dinosaurs would be owned 50 percent by the Hammonds and 50 percent by Murphy's Dinosaur Field Institute.
"We basically trust people and our intentions were always to keep the dinosaurs in Phillips County," Howard Hammond said. "We thought that was Nate's intention, too. It's just a difficult situation."
The institute is Murphy's private business, which operated out of the former Dinosaur Field Station. However, the field station was funded by the separate nonprofit Judith River Dinosaur Foundation.
With the business and nonprofit so similarly named, it became unclear to the Hammonds and others just what was owned by Murphy and what was owned by the foundation.
With the investigation looming, Murphy agreed to sign over his 50 percent ownership of the fossils to the nonprofit foundation.
Murphy said the allegations that he stole the raptor are a misunderstanding. He said his son found the turkey-sized dinosaur underneath a fossilized turtle that he didn't realize was even there.
He chose not to tell the Hammonds about it, because he worried that as a result of the high-profile finds of their land they would want to "put a price tag on every specimen we found."
But according to court documents, Murphy first tried to hide the raptor's discovery from other paleontologists, partners and the Hammonds, and then lied about where it was found, saying he excavated it from a site near Saco.
Court documents allege that Murphy, therefore, claimed sole ownership of the raptor and didn't have to share profits or control with the Hammonds.
The investigation revealed that the fossil was actually discovered in 2002 by Mark Thompson, who volunteered to dig with Murphy for two summers. Thompson, who lives in Australia, told investigators that Murphy asked him not to bring up the discovery to the Hammonds.
Because the bones are so small, finding a raptor so well-preserved is rare. The fossil was complete with parts of fingers, the back of the skull, a fully articulated spine and the brain case.
In 2006, Murphy went back to excavate the raptor and sent the fossil to the Black Hills Institute of Geological Research in South Dakota.
Murphy signed an agreement with the Black Hills Institute to loan the raptor fossil for the purpose of making molds and casts with Murphy's Judith River Dinosaur Institute, making 20 percent in royalties off the sales of all cast specimens.
It wasn't until Murphy planned to reveal the raptor at Malta's Wine and Dino Days in June 2007 that Bakker and others began asking questions about the raptor's origin and about the ownership of Leonardo and the other fossil finds.
"I wished we had done it differently," Murphy said. "The specimen was cataloged. There was no attempt to abscond with it or sell it. My record speaks for itself.
"I think what's happened is because of the fact that I've become very high-profile over the years. People were out to get me."
Murphy said he has never sold fossils. However, his son Matt Murphy, who digs with him, has sold small fossils as a hobby, but never made a major profit from it, he said.
"It's ridiculous the things that have been said. I'm not trying to hide anything," he said.
However, Murphy's partner in the Leonardo Project LLC, Joe Iacuzzo, said he discovered Murphy and his son sold several fossils on the Internet and at dinosaur conventions.
"We will never know how long he's been selling dinosaurs and if what he sold was scientifically significant," Iacuzzo said.
The allegations shocked many scientists, including Bynum-area paleontologist David Trexler, who wrote much of the study of Leonardo and worked with Murphy on several digs.
Trexler and Murphy even set up dinosaur dig ethics standards for museums like the ones in Malta and Bynum that are part of the Montana Dinosaur Trail.
"This really blindsided me," Trexler said. "I keep thinking that there should have been something that one of us should have picked up on that would have stopped the damage from going on for so long."
The U.S. Attorney's Office would not comment on the federal investigation, including if any federal charges would be filed against Murphy.
Sue Frary, the director of programs and exhibits at the Great Plains Dinosaur Museum, said the foundation fully cooperated with investigators and worked to quickly respond to secure ownership of the Malta dinosaurs, including Leonardo.
Frary did field work with Murphy dating back to 2002 and is one of the founding members of the nonprofit foundation. She said a team of paleontologists are now in the area and are working to track down GPS coordinates of all the specimens at the museum.
"The focus is the fossils," she said Tuesday. "The focus is the museum here and what that can do economically for Malta, for the Hi-Line and for northeastern Montana."
The foundation expects to double the number of digs next year, and Frary is busy planning new exhibits and educational programs to roll out this winter.
Bakker, who is overseeing a major new exhibit featuring Leonardo at the Houston museum, said none of the allegations against Murphy affect the scientific study of the mummified duckbill.
"Leonardo has always been examined with the best science," he said.
Head of the Montana Division of Criminal Investigation John Strandell said until the case is resolved, the raptor remains in state custody as evidence. Eventually, the raptor will be returned to its owner, Bruce Bruckner, who leases land to the Hammonds.
"We realize without Nate that all of these wonderful fossils would probably still be in the ground," Howard Hammond said. "The rest of the world wouldn't have the opportunity to know about it.
"Nate's made some real poor decisions, and we actually feel a little betrayed."
[link]
