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How a Civil War buff's chance discovery led to a sting, a raid and a victory against traffickers in stolen historical documents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 2 of 5)
In March 2000, a National Park Service worker saw an item for sale on eBay that he thought might belong to the Archives. It did. The agency, known formally as the National Archives and Records Administration, determined that an employee named Shawn P. Aubitz had whisked away several hundred documents and photos, including pardons signed by James Madison, Abraham Lincoln and other presidents. Aubitz was sentenced to 21 months in prison, but 61 of the presidential pardons are still missing.
During a six-year spree that ended in 2002, a Virginia amateur historian named Howard Harner repeatedly tucked Civil War papers into his clothes and strode out of the Archives. In all, he filched more than 100, including letters signed by Robert E. Lee and Ulysses S. Grant. Harner was sentenced to two years in federal prison; the Archives never got back most of what he took.
On February 21, 2006, a library employee at Western Washington University returned from the President's Day weekend to discover that someone had refiled books upside down or out of order in the government documents collection. In time, the staff determined that at least 648 pages of maps, lithographs, charts and illustrations had been torn from at least 102 vintage volumes. Evidence in that case led law enforcement authorities in December 2007 to a history-for-sale scheme that might have more victims than any in recent years, at least 100. (See "Pay Dirt in Montana," page 98.)
Above all there is E. Forbes Smiley III, an East Coast map dealer who, in January 2007, took up residence in a federal prison near Boston.
Smiley stole at least 97 maps from six distinguished institutions and sold them the old-fashioned way, privately, without eBay. A simple mistake stopped his spree: on June 8, 2005, a staff member found an X-Acto blade on the floor of Yale University's rare book and manuscript library. Told of the find, a supervisor noticed a man at a table examining rare maps and, using visitor logs, identified him as Smiley. Through an Internet search, the supervisor discovered that Smiley was a map dealer. A police officer found several Yale maps in Smiley's briefcase. After his arrest, five other libraries realized that Smiley had robbed them, too. "Nobody ever told me in library school I'd be on a first-name basis with an FBI agent," says David Cobb, the map curator at Harvard University, one of Smiley's targets.
The 97 maps were worth $3 million. But street value does not begin to capture the role of rare manuscripts, books and maps in illuminating a culture's milestones and missteps. When a car is stolen, its owner suffers alone. When a Civil War document disappears from an archive, everyone is diminished, even if just a little. It is no longer there to educate a Dean Thomas, who in turn cannot tell the rest of us about it.
Even though almost all the maps Smiley admitted stealing were recovered, the theft electrified the rare-document world because, as a high-end dealer, he had been family, trusted by the very institutions he had plundered. He had brazenly tossed aside the obligation to treat rare collections as community property instead of as a cultural ATM.
The New York Public Library was another of his targets, and in a statement to the judge in the case, library president Paul LeClerc wrote that "the maps stolen by Mr. Smiley provide a window into the past, illustrating how our predecessors once perceived of their relationship with the world and one [an]other." Losing such items to thieves causes "incalculable" damage, he added.
No less damage is done when manuscripts, books, photos and prints are torn—sometimes literally—from the public domain and sold into a life behind private walls. LeClerc may have been writing only about maps, but his words underscore the consequences when any rare and historical item is stolen from a great public collection: "Who knows what prize-winning book will not be written, or what historical or scientific discovery will not be made?"
When Dean Thomas telephoned the Archives, he was connected to Special Agent Kelly Maltagliati, a mother of two in her late 40s who used to stake out Florida swamps to nab drug runners for U.S. Customs. Maltagliati works at a building known as Archives II, which sits on a bucolic campus in College Park, Maryland, and is the modern-architecture sibling of Archives I, the stately tourist destination by the National Mall in Washington, a few miles away.
Besides records, Archives II houses the Office of Inspector General (OIG), which has the job of investigating thefts from the two main buildings, as well as from 13 regional centers, 12 presidential libraries and a slew of other facilities. So many papers, photos, artifacts and other pieces of Americana reside in those places that nobody can offer more than a ballpark number of the total. But the OIG knows precisely how many employees it has to recover anything stolen from them: seven, including Maltagliati and the inspector general himself.
"We're like the 300 spartans," Paul Brachfeld says, "less about 298."
As IG, Brachfeld has many duties, such as conducting audits of the Archives' operations, but he especially loves thwarting thieves. A wiry, intense man with a long federal career, Brachfeld, 50, radiates a kid's sense of wonder when he describes the thrill of holding recovered documents.
"We're a democracy. Democracy counts on records," he says. Some, certainly, are far more famous than others, but he will pursue the theft of any. "It's not for me to decide for the American public what's an important document or a relevant document or a critical document," he says. "They're all our documents. It's like deciding which child you like more in your family."
Protecting a family of documents is complicated by the very nature of the Archives and, indeed, of any special collection. Though rare books, maps and documents are not allowed to circulate like the latest best sellers, they are not locked away in vaults, either. They are meant to be requested and studied, and those who ask to inspect them are not strip-searched after they do so. Though security is extensive, it is possible to stuff an item inside a sock or shirt. President Bill Clinton's former national security adviser Samuel R. (Sandy) Berger strode out of Archives I with classified documents in 2003; he was ultimately caught and fined $50,000.
"If I come to the National Archives today and I have larceny in my blood, I can probably walk out and make some good money," Brachfeld says. "There are people that will do that."
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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 (15)
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