CBP officers in Jackson, Wyoming executed a federal warrant to seize the skull of a Tarbosaurus from a private residence — a case that illustrates how customs enforcement extends well beyond currency and commercial goods into the realm of natural and cultural property. The seizure is connected to a broader federal effort targeting the illegal importation of Mongolian dinosaur fossils, which has been generating significant enforcement activity.
According to the News & Guide report, the fossil was seized for failure to provide proper documentation establishing that its export from Mongolia was done in compliance with applicable law. Around the same time, federal officials seized a nearly complete Tarbosaurus skeleton that had been sold at auction and arrested a Florida man for illegally importing dinosaur fossils. A U.S. attorney for the president of Mongolia noted that the country welcomed the increased attention to the illegal trade in Mongolian fossils.
Why Dinosaur Fossils Are a Customs Issue
This may seem like an unusual topic for a customs law blog, but the legal framework is the same as any other importation. Mongolia, like many countries with significant paleontological resources, prohibits the export of fossils without government authorization. Mongolian law treats dinosaur fossils as state property — they cannot be privately owned or legally exported without specific government permission. When a Mongolian fossil enters the United States without proper export documentation, it is treated as contraband — property imported in violation of the laws of the country of origin.
The legal authority CBP uses in these cases comes from multiple directions. The National Stolen Property Act covers property that is stolen or converted in violation of foreign law when that property is brought into the United States. The Convention on Cultural Property Implementation Act provides additional authority for restricting the importation of cultural property from countries with which the U.S. has bilateral agreements. And CBP’s general authority to enforce laws related to the admissibility of merchandise applies to fossils just as it applies to counterfeit goods or currency.
The documentation failure in the Jackson case is particularly instructive. It is not enough to possess a fossil — the importer must be able to demonstrate that the export from the country of origin was legally authorized. Without that documentation, CBP has no way to distinguish a legally exported specimen from one that was smuggled out of Mongolia. The absence of proper export paperwork is itself grounds for seizure, even if the importer believes the fossil was legitimately acquired somewhere along the chain of custody.
The Auction House Problem
The case involving the Tarbosaurus skeleton sold at auction in New York highlights a specific risk for fossil collectors and dealers: purchasing at auction does not guarantee legal title. An auction house’s acceptance of a lot for sale does not constitute a legal determination that the item was lawfully imported or that the seller had valid title to convey. Buyers who purchase Mongolian fossils at auction — particularly specimens that cannot be traced to pre-export-ban collections — may find themselves in possession of contraband regardless of the price they paid or the apparent legitimacy of the sale.
Due diligence for fossil purchases — particularly Mongolian theropods, which have been among the most heavily targeted by illegal exporters — requires more than verifying the seller’s identity. It requires establishing the provenance of the specimen back to a point before Mongolia’s export restrictions were in place, or obtaining documentation of lawful export authorization. Without that chain of documentation, the buyer assumes the legal risk.
What Happens to Seized Fossils
When fossils are seized and the owner either cannot establish lawful importation or declines to contest the forfeiture, the property is subject to the standard administrative forfeiture process — the same process that applies to seized currency or counterfeit goods. If no claim is filed within the applicable deadline, the forfeiture is perfected and the government takes title to the property.
In some cases, seized fossils are repatriated to the country of origin. In others, they end up in government custody and may be transferred to educational or scientific institutions. We wrote previously about a Detroit case where seized fossils went unclaimed and were donated to the University of Michigan — a reminder that the failure to respond to a seizure notice does not mean the property simply disappears quietly. It means the government keeps it, and whatever value the collector placed on the specimen is permanently lost.
The Broader Lesson
Most of the seizure cases I write about involve currency — failure to report cash, structuring, bulk cash smuggling. But CBP’s enforcement authority extends to any merchandise imported in violation of U.S. law or the laws of the country of export. Fossils, antiquities, wildlife products, cultural artifacts, and other categories of property carry their own complex legal frameworks that intersect with customs law. The customs seizure process — the notice of seizure, the election of proceedings, the petition for remission — works the same way regardless of whether CBP has seized $25,000 in cash or a Tarbosaurus skull.
If CBP has seized property from you — currency, merchandise, fossils, or anything else — the right first step is to understand your options and act before the deadline passes. Contact us at (734) 855-4999, send a text message, or reach us on WhatsApp. You can also contact us online.