Santa Fe man accused of historical document theft is arraigned in Montana

Jan. 30—The U.S. Attorney's Office in Montana says a Santa Fe man accused of stealing documents and other "items of cultural heritage," and attempting to sell them on eBay, was arraigned earlier this month on charges of art theft, interstate transportation of stolen property and wire fraud.

Brian Anthony D'Ambrosio, 49, a writer who lived in Montana for many years but was identified as a Santa Fe resident by the federal agency, was indicted in November.

The indictment says the interstate transportation charge stems from allegations D'Ambrosio transported historical items from Montana to New Mexico sometime between April 2022 and September 2023.

The U.S. Attorney's Office in Great Falls, Mont., issued a statement Jan. 17 saying the author is suspected of stealing letters from the Montana Historical Society that date back to 1913 and were written by Nancy Russell, the wife of Charlie "C.M." Russell, an artist known for his Old West paintings in the late 19th century and early 20th century.

Russell — sometimes called "the cowboy artist" or "Kid Russell" — also was a sculptor. He created thousands of pieces depicting the landscape and people of the American West, according to the Buffalo Bill Center of the American West in Wyoming.

The indictment also alleges D'Ambrosio stole a 1926 program from the Crow tribe's 50th anniversary commemoration of Custer's last stand, Silver Cliff Mining Co. stock certificates from 1907 and a Mexican Central Railway Co. letter dating back to 1898.

In response to The New Mexican's request for an interview, D'Ambrosio wrote in an email Tuesday evening, "I am a Montana resident and this is a Montana issue."

Online court records show D'Ambrosio entered a plea of not guilty to the federal charges during a video arraignment Jan. 16.

His trial is scheduled for mid-March.

An undercover FBI agent posed as a would-be purchaser of the historical items to confirm D'Ambrosio was the person offering them for sale, according to charging documents.

"D'Ambrosio fraudulently induced buyers to purchase the items by omitting that he had stolen them from the Montana Historical Society, making it appear as if he had authority to sell and transfer the items to others when he did not," the U.S. Attorney's Office said in the statement.

If he is convicted of the most serious crime, D'Ambrosio faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release, the statement says.

Montana Historical Society spokeswoman Eve Byron said in a phone interview Tuesday a patron had seen the items for sale online and purchased them, and then notified the society, which alerted authorities about the theft.

Byron said she wasn't sure if all the the missing records were recovered.

The research center requires people wishing to view historical records to sign in and out and to view records onsite, she added.

"They can request certain materials that we have in storage, and we bring them out on a cart, and typically scholars will sit down and go through the boxes to find what they need. They can make a photo copy if they like, and at the end they give everything back to us," she said.

Staff members are working in the same room and there are "security measures in place," she added.

The center is currently closed for renovation. Byron said the society will consider how its security measures can be enhanced before reopening in about a year.

Jonathan Pringle, the Archives and Historical Services Division director for the State Records Center and Archives, said Tuesday the New Mexico agency also has protocols aimed at preventing theft. Researchers requesting to view documents must show a photo identification and fill out a registration form that is entered into a database.

A staff member is assigned to closely watch the reference room while documents are being viewed. When a person is done viewing records, Pringle said, the reference room monitor is responsible for counting the number of boxes and folders and "verifying the same [amount] of records is coming back in."

"We feel pretty confident about our systems," Pringle said. "But nothing is perfect."

Theft, he added, can happen "despite your best efforts. People, if they have a motive, they will find a way."