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Tyrannosaurus auction protested by Mongolia

By Dan Vergano, USA TODAY
Updated

Mongolian officials are protesting a Tyrannosaurus skeleton headed for the auction block on Sunday in New York, suggesting that it was illegally smuggled out of their nation.

The "Tyrannosaurus Bataar" fossil skeleton, is 75% complete, according to Heritage Auctions, based in Dallas. The auction house has made the eight-foot-tall and 24-foot-long creature, a slightly smaller cousin of Tyrannosaurus Rex, the centerpiece of a Sunday sale in Manhattan. The auction website lists the fossil's origin as "Central Asia" and mentions the "Gobi Desert" in promotional material.

In response, Mongolian Academy of Sciences representative Bolortsetseg Minjin, has asked the auction house in a letter (text below) to halt the sale of the fossil skeleton, and several other fossils, until its origins are settled. In a statement, Elbegdorj Tsakhia, the president of Mongolia, "called (on) the international science community to help identify the origin of the T-rex and to alert the Mongolian government of any illegal international trade of Mongolian fossils."

However by phone, Heritage Auctions president Greg Rohan says, "these specimens entered the U.S. legally and were prepared in the U.S. legally." The owners of the fossil skeleton -- Rohan says their identity is "confidential" -- have attested to the clear legal status of the skeleton, he says. "We know these consignees as reputable people, not somebody who dropped out of the blue."

No treaty exists between Mongolia and the U.S.A. that would prevent the auction of the fossils, Rohan added. "I find it unbelievable they bring this up 48 hours before an auction that we have publicized for four weeks."

Paleontologist Mark Norell of the American Museum of Natural History in New York, also wrote the auction house to say that the fossils, "clearly were excavated in Mongolia as this is the only locality in the world where these dinosaurs are known," in a letter released on Friday.

"As someone who is intimately familiar with these faunas, these specimens were undoubtedly looted from Mongolia. There is no legal mechanism (nor has there been for over 50 years) to remove vertebrate fossil material from Mongolia. These specimens are the patrimony of the Mongolian people and should be in a museum in Mongolia. As a professional paleontologist, I am appalled that these illegally collected specimens (with no associated documents regarding provenance) are being are being sold at auction," says Norell, in the letter.

Update: In a letter replying to the concerns expressed by the Mongolian Academy of Sciences, attorney Carl Soller of Cowan, Liebowitz & Latman, P.C., who represents Heritage Auctions, says, "(a)lthough we appreciate your concerns with respect to the referred to 'Tarbosaurus', it is our conclusion that no impropriety exists with regards to its sale at auction on May 20."

"Our client has no reason to believe that any laws enforced by the United States have been violated and we are unaware that Mongolian law would have prevented export from Mongolia," Soller wrote. "In the event that you failed to note a known prohibition preventing the auction, please advise. Otherwise the sale will go forward."

Text of letter to Heritage Auctions from Mongolian official:

Institute for the Study of Mongolian Dinosaurs

May 18, 2012

To Heritage Auctions:

I am writing you at the request of Elbegdorj Tsakhia, the President of Mongolia. He has asked me to inquire on the country of origin for the specimen of Tyannosaurus (aslo known as Tarbosaurus) bataar (lot 49315) which is scheduled to be auctioned by your company this Sunday, May 20, 2012. I am the director of the Institute for the Study of Mongolian Dinosaurs and also serve as the New York representative of the Mongolian Academy of Sciences. Based on our experience in the studying the collecting of Mongolian dinosaurs, and on the information provided by your company with other specimens to be auctioned this Sunday, we strongly suspect that the Tyrannosaurus specimen, as well as several others you intend to auction, came from Mongolia.

Mongolian law prohibits the export of fossil specimens, and if this specimen did in fact come from Mongolia, we we strongly urge you not to auction this specimen because it would then have been acquired and exported illegally. In fact, information on your website indicates that two of the tyrannosaur teeth (lots 49318, 49320) came from the Nemegt Formation, which is only exposed in Mongolia. Thus these specimens were acquired and exported illegally. We also strongly suspect that the ankylosaurus skull (lot 49317) came from Mongolia, and the troodontid ,ay have come from Mongolia as well (lot 49318).

The auctioning of such specimens fuels the illegal fossil trade and must be stopped. If you could provide detailed information on the provenance(s) of these specimens, I will then pass on this information to the President of Mongolia. I strongly urge you not to auction the two, illegally exported tyrannosaur teeth from Mongolia. I strongly urge you not to auction the other specimens we have indicated until their legality is fully resolved. Even if the owner indicates that they did not come from Mongolia, we suggest that you investigate this matter closely as sometimes collectors falsify information or documents to make illegal specimens appear ":legal". In the meantime, the best approach would be an open dialogue with the government of Mongolia and other interested parties in order to find an acceptable resolution to this problem. If it is eventually determined that these specimens did not come from Mongolia, it would be prudent for Heritage Auctions to consult the laws of the country of origin because many countries now prohibit the export or sale of such specimens (China is one example). Thank you for your prompt attention in this matter.

Sincerely,

Bolortsetseg Minjin, Ph.D.

Director, Institute for the Study of Mongolian Dinosaurs New York Representative of the Mongolian Academy of Sciences

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