To Catch a Thief
How a Civil War buff's chance discovery led to a sting, a raid and a victory against traffickers in stolen historical documents
- By Steve Twomey
- Smithsonian magazine, April 2008, Subscribe
(Page 4 of 5)
In time, the tally of the missing reached 164 documents. To this day Simon wonders if there are more.
Not long after dawn on October 16, 2006, a surprisingly formidable team of federal raiders gathered outside a row house on the fringe of downtown Philadelphia. Six were from the inspector general's office; two came from the Archives branch office and three were from the FBI. Some were armed and wore bulletproof vests. In part, a force of 11 showed how seriously the Archives took the case. It was also simple prudence. They were invading someone's world, someone who might be afraid and stressed. A suspect "can just go crazy," Maltagliati says.
Through the cellphone sting, agents had learned from McTague himself that he was keeping the documents in his first-floor apartment. So they got a search warrant, wanting to retrieve the papers before any could be lost or damaged.
Simon, 53, a career archivist, had never been on a raid, and recalls feeling "weird" about entering a dwelling uninvited. But she had a vital role: to identify what belonged to the United States. She brought along a list of possible items.
Except for a cat, no one was home.
Moments after entering, Simon saw an obvious place to look—a wooden map case of the sort libraries and map dealers use. About then, though, a neighbor appeared, having noticed a swarm of people inside the McTague apartment. That led, eventually, to a telephone number for a house in rural New York that McTague's family had owned for many years. An FBI agent dialed it. McTague answered. Within minutes, he confessed.
"First telephone confession I've ever seen," Eric W. Sitarchuk, McTague's attorney, would later tell a judge.
More than in many theft cases, the admission removed a huge hurdle, which is proving provenance—proving who originally owned an object. There is only one Mona Lisa, in the Louvre, and if it were stolen and recovered, there would be no doubt whose Mona Lisa it was. But the makers of a 16th-century map or 17th-century book usually made many "originals." Letter-writers made copies, too. So a suspect can claim that a vintage document in his possession was not stolen but obtained legitimately. The victimized library or archive might not have indisputable records to the contrary.
A task force of the American Library Association, assembled after the Smiley case, has proposed that institutions mark each map with a stamp of ownership in a place that "cannot be cut away without leaving an obvious incision," and that catalogs note unique features, such as stains, to distinguish each map from sibling originals. A modern, obvious ownership stamp on an old document is not a universally popular solution and marking tens of thousands of items would consume vast quantities of time and dollars. But, Harvard's Cobb says, "Any institution needs to make that commitment."
McTague's phone confession eliminated any need to prove that documents at his house or sold on eBay belonged to the American people. Checking the map case in his apartment, investigators found 88 Arsenal documents, all in good condition. Added to 73 documents recovered from eBay buyers, the Archives now had all but three of its missing documents. Those three seem to have disappeared, lost in the triangle linking McTague, his buyers and shipping companies.
By standard yardsticks, McTague was a candidate for leniency. He had no prior criminal record. He had cooperated. He had reimbursed every eBay buyer. The street value of his takings was relatively small, estimated by the Archives at $24,271.61. Finally, his career as a librarian was ruined, which was considerable punishment in itself.
On the day of sentencing, July 12, 2007, McTague entered Courtroom 10B of the federal courthouse in Philadelphia wearing the expression of a humiliated man. Behind the defendant's table, in the wooden pews, sat members of his family, including his wife. Nearby were Maltagliati and others from the Archives.
In a court filing, McTague's attorney had argued that no prison time was warranted. The crime was a "sad lapse in an otherwise honest and law-abiding life," Sitarchuk had written. McTague had "found adulthood, particularly making a living, an ever-growing struggle." Repeatedly, the lawyer went on, his client had been turned down for full-time library jobs, and the thefts had come at "a point of despair and despondency."
Wearing a blue blazer, beige slacks and a blue tie, McTague rose and stood at a lectern before U.S. District Court Judge Stewart Dalzell. "I've created a mess," began the defendant, a slim, bookish-looking man with glasses. He apologized to the Archives. He apologized to his family and began to weep. He apologized to librarians everywhere. "I'm so deeply sorry," he said.
In its court filing, the government portrayed the crime not as a lapse but as a calculated, money-making undertaking. In a statement to the court, Allen Weinstein, the Archivist of the United States, wrote that the theft had undercut "the fundamental integrity" of the Archives, because researchers would never know whether McTague took documents still unknown. He must be imprisoned, the government said, for at least 12 months.
To Dalzell, Weinstein's words were "extraordinarily powerful." The judge agreed that "this is an offense against everyone in this room." Original documents have an "absolute uniqueness," he said, and people "must be deterred from even thinking about" stealing them.
Single Page « Previous 1 2 3 4 5 Next »
Subscribe now for more of Smithsonian's coverage on history, science and nature.
Related topics: American History Crime American Civil War
Additional Sources
"A Theft in the Library," by William Finnegan, The New Yorker, October 17, 2005










Comments (11)
Not only treasures of our history are being stolen every day, but many times the original was the only link to the truth of our Nation. Maybe done sometimes to revise what was taken to fit their agenda!
Posted by Jim Lingle on October 9,2008 | 07:26 PM
while theft directly is a quantifiable crime, careless loss of documents and damage to them by failed storage methods caused by budget priorities is also a severe problem. loss of census data during conflagration of San Francisco 1906 and others remains in my mind. Floods and natural disasters loom at every town hall built on flood plains and watershed regions. Temporary storage in fungal/moldy basements and mice infested attics and closed rooms will render many document useless as yet.
Posted by Pete krohn on May 27,2008 | 12:04 AM
Theft is only part of the cultural tragedy. Collections in private hands are split up daily by letterhead, autograph, and just curiosity collectors wanting only individual items that catch their fancy. Last year a collection of KKK material from the civil rights years was rescued in an estate sale by institutional purchase. The seller would not even allow prior examination, he expected the hype to drive up prices. Theft of blank paper is even more common. I was involved around the edges of the 1985 Hoffman bombings and was assigned to search books at Utah State. We later discovered Hoffman had used blanks from our 1641 Fox's Book of Martyrs as the substrate for at least two Myles Standish receipts. FYI, the Mona Lisa was stolen, and its led to a curious question of was it the only one or even the original. See Seymour V. Reit, The Day They Stole the Mona Lisa (Summit, 1981). Great story.
Posted by R. Saunders on May 15,2008 | 11:31 AM
I'm with Tom, why did Sandy Berger get off so light? A fifty thousand dollar fine for stealing CLASSIFIED documents. He didn't even have the excuse of needing the money. That's probably an equivalent to fining Mr. McTague twenty five hundred bucks but he gets 15 months in jail. I guess it's true that it's not what you know....
Posted by Dave Daniels on May 14,2008 | 04:46 PM
All of the examples of thefts that you discussed told of thefts, the impacts, and the convictions EXCEPT you gave ol' Sandy "Burgler" a pass. Why didn't you tell the reader what type of documents were that he had stolen? Why didn't you tell the reader about how many of these documents were intentionally destroyed and others that were never recovered, and the fact he got probation instead of jail time? He is a scumbag and the American Archives community should have been more vocal and politically aggressive in seeing him get what the law demands!
Posted by Tom on May 2,2008 | 01:37 PM
As a descendant of something my whole family was very much a part of, I'm proud to see americans preserving and standing guard over americans heritage. Too many times, I get comments of the other variety.
Posted by Linda Reynolds on April 24,2008 | 04:09 PM
I wonder about the unarchived documents stacked up in state libraries and archives. I am sure Kentucky's State Library and Archives here in Frankfort does not have the money or staff to establish strong security. I am emailing this article to them in hopes they will take measures to protect our documents. Kudos to Mr. Brachfeld and Mr. Yockelson and keep up the good work.
Posted by Lisa Aug on April 23,2008 | 01:11 PM
In response to Mr. Bowen's comment I would note that the traditional function of law enforcement is to protect citizens from those who threaten the general welfare of the public. We are simply following that time tested theory and practice. We want to stem the theft and illicit selling of documents or artifacts that may have been removed from our holdings and thus, by extension the holdings of the American public. The knowledge that we exist and will act in an appropriate law enforcement capacity should give you comfort and I would hope a measure of pride in the work that my staff performs for the nation. The best part of my job is witnessing the recovery of alienated documents which speak to our shared national history. These documents are placed back where they rightfully belong, in the care and custody of the National Archives and Records Administration. Thus, these records (including two U.S. Grant Presidential Pardons recovered just this past week)are once again within our holdings and those of all the American people
Posted by Paul Brachfeld on April 21,2008 | 06:50 AM
While I certainly want to express my general disgust with those that would think of stealing from universities and archives. There is one part of this article that that I find troubling. While there are 100's of millions of documents in public archives - there are likely billions of documents owned by ordinary people and honest dealers. Yet, the quote from Brachfield is [b]"I want to make people scared"[/b] And the non-Brachfield quote from the article (If anyone - and employee - a private dealer, a citizen who loves history - sees a document for sale) "I want them to be somewhat skeptical and be knowledgeable that I exist" This is a huge diservice and disrespect to the vast majority of honest people that would never knowingly traffic is stolen goods and seems to be intended to cast doubt on all documents transactions in the country. This quote is very troubling - Tom Bowen Jr.
Posted by T. E. Bowen on April 10,2008 | 02:40 PM
Glad to hear the story has generated so much interest. My office, the National Archives Office of the Inspector General, is prominently featured here and the work we do to investigate document theft. In response to Mary's question, the public may take a look at what is missing on our website: http://www.archives.gov/research/recover/ There, you will also find a telephone number and e-mail address to contact our office directly. Thanks for your interest. Mitch Yockelson Investigative Archivist NARA, OIG
Posted by Mitch Yockelson on April 9,2008 | 10:07 AM
Great Job from the National Archives and the OIG's Office in recovering these and other documents that are part of the American Heritage. Keep up the good work!!!
Posted by Jeffrey Turner on April 9,2008 | 10:06 AM
i seen the new yorker story about the map thief, and stories like that really get me worked up; who do them people think they are that they can steal what's rightly belongs to the american people;
Posted by bob terrill on April 5,2008 | 01:45 PM
The general public tends to sort of laugh at these types of crimes, even though they carry jail sentences. I mean, it's not murder. But it is in a way, it's murder of history. Priscilla Estes
Posted by P. Estes on April 5,2008 | 11:02 AM
"To Catch A Thief" is a fascinating article. As a custom picture framer I often see valuable items such as these and often wonder where my customers come up with this stuff. Is there a list of missing items we(as a group) might avail ourselves of to assist in the search? I imagine that not every "collector" can frame their own purloined items! Keep up the good work, our history depends on it! Thanks for the opportunity of emailing! Mary Lewis
Posted by Mary Poole Lewis on March 31,2008 | 08:47 AM