United States of America v. Patty McClain, Mike Bradshaw, Ada Eveleigh Simpson and William Clark Simpson

Patty McClain, Mike Bradshaw, Ada Simpson, and William Simpson (the artifact smugglers) (defendants) were convicted of receiving, concealing, and selling stolen goods in interstate commerce and for conspiracy to do the same in violation of the National Stolen Property Act (NSPA). The objects they were accused of stealing and selling were artifacts found on archaeological-dig sites in Mexico, which were then smuggled into the United States. Mexico had passed several laws over the years declaring itself the owner of certain artifacts found within its borders. In 1972, Mexico passed a law declaring that it owned all pre-Columbian artifacts found in Mexico. The artifact smugglers appeared to be aware of the law; they told potential buyers, including a government informant, that Mexican authorities would confiscate the artifacts if they were aware of them because Mexico claimed ownership over the objects. A potential buyer tipped off the Federal Bureau of Investigation (FBI). FBI agents investigated the artifact smugglers, ultimately arresting them for violating the NSPA. At the artifact smugglers’ trial, the judge gave the jury the task of deciding whether and when Mexican law officially declared ownership over the artifacts. Translations of Mexican law presented during the trial did not specify the types of artifacts over which Mexico claimed ownership throughout the years. The artifact smugglers appealed to the Fifth Circuit, arguing that their convictions violated due process by imposing criminal penalties based on vague Mexican law.