Date: 07-18-2024

Case Style:

United States of America v. Jose Farinango Muenala

Case Number: 3:24-cr-00075

Judge: William M. Conley

Court: The United States District Court for the Western District of Wisconsin (Dane County)

Plaintiff's Attorney: The United States Attorney’s Office in Madison

Defendant's Attorney:

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Description:

Madison, Wisconsin criminal defense lawyer represented the Defendant charged with wire fraud, mail fraud, and misrepresenting Indian produced goods
Florida Man Charged with Fraudulently Selling Jewelry as Native-American Made

“Prosecuting these types of fraud cases is part of our important work to support Tribal Nations,” said U.S. Timothy M. O’Shea. “The indictment announced today is not only about enforcing the law, but also about protecting and preserving the cultural heritage of Native Americans.”

“Jose Farinango’s false tribal affiliation cheated customers and impacted the economic and cultural livelihood of Native American artists,” said Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service Office of Law Enforcement. “Our dedicated team of special agents works on behalf of the Department of the Interior and the Indian Arts and Crafts Board to protect Native American and Alaska Native artists. Safeguarding Native American culture, traditions, and the consumers who purchase authentic Native American art are a critical part of these investigations. We want to thank our partners at the U.S. Department of Justice and the IACB for their ongoing assistance.”

“The Indian Arts and Crafts Board administers and enforces the Indian Arts and Crafts Act, a truth-in-marketing law,” said Indian Arts and Crafts Board Director Meridith Stanton. “The Act is intended to rid the Indian arts and crafts marketplace of fakes to protect the economic livelihoods and cultural heritage of Indian artists, craftspeople, and their Tribes, as well as the buying public. Authentic Indian art and craftwork is an important tool for passing down cultural traditions, traditional knowledge, and artistic skills from one generation to the next. Those that market fake Indian art and craftwork, such as under Jose Farinango’s guise of from “the Pueblo Nation of New Mexico,” tear at the very fabric of Indian culture and livelihoods and prey upon unwitting consumers, and therefore must be held accountable."

The indictment alleges that from December 3, 2015, to January 17, 2024, Farinango Muenala devised a scheme to defraud wherein he applied to art shows across the United States in order to sell jewelry. In those applications, and to attendees of art shows, Farinango Muenala falsely represented that he was Native American and made the jewelry he displayed for sale. In fact, Farinango Muenala was not Native American nor a member of an Indian tribe. For the purpose of executing this scheme, the indictment alleges that Farinango caused an email to be sent to the Mercer Chamber of Commerce on April 17, 2023. The indictment also alleges that for the same purpose, Farinango Muenala caused a check and an application to Loon Day 2024 to be delivered by U.S. mail to the Mercer Chamber of Commerce between October 29, 2023, and November 10, 2023.

The indictment further alleges that on August 2, 2023, in the Western District of Wisconsin, Farinango Muenala knowingly offered and displayed for sale, jewelry in a manner that falsely suggested that the jewelry was Indian produced, an Indian product, or the product of a particular Indian or Indian tribe resident within the United States. The indictment was unsealed today after agents served Farinango Muenala with the indictment and a summons ordering him to appear for an initial appearance in the Western District of Wisconsin on July 30, 2024.

If convicted, Farinango Muenala faces a maximum penalty of 20 years in prison on the wire and mail fraud charges. He faces a maximum penalty of 5 years in prison on the misrepresentation of Indian produced goods charge.

The charges against Farinango Muenala were the result of an investigation by the U.S. Fish and Wildlife Service and the Department of the Interior Indian Arts and Craft Board. Assistant U.S. Attorney Taylor L. Kraus is handling the prosecution.

Outcome:

If convicted, Farinango Muenala faces a maximum penalty of 20 years in prison on the wire and mail fraud charges. He faces a maximum penalty of 5 years in prison

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Defendant's Experts:

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