Gibson Guitars are some of the best known instruments in the business. However, the company could soon make some interesting law as well after it was raided by federal agents investigating possible violations of the Lacey Act, the law barring the illegal trade in wildlife, fish, and plants. The company is being investigated for the allegedly unlawful importation of sawn ebony logs from India. This is the second time in two years that the company has been accused of Lacey Act violations.
In November 2009, federal agents seized guitars and fingerboard blanks that were allegedly made from illegally harvested Madagascan rosewood and ebony. Last week the agents seized several pallets of wood, electronic files and guitars. From a Reuters report the latest raid is related to a shipment of sawn ebony logs from India that was imported by Gibson illegally, violating the Lacey Act.
Gibson CEO Henry Juszkiewicz insists that the raid is simply because the wood was finished in the United States and is based on Indian law being enforced in the U.S. The company released a press statement saying “The Federal Department of Justice in Washington, D.C. has suggested that the use of wood from India that is not finished by Indian workers is illegal, not because of U.S. law, but because it is the Justice Department’s interpretation of a law in India.”
The Lacey Act does enforce the laws of other countries to prevent companies from using the United States for trafficking in illegal goods. Ironically, the Act was originally passed to stop the destructive sale of our own domestic resources (particularly bird feathers) but has become a law protecting the natural areas of other nations from the same threat. The Lacey Act (16 U.S.C. Ā§Ā§ 3371ā3378) was the brainchild of Iowa Rep. John F. Lacey, who wanted to block the trade in wildlife, fish, and plants that have been illegally taken, transported or sold. It was signed into law by President William McKinley on May 25, 1900.
Thus, it is not in anyway odd for the U.S. to enforce the law of another country. Moreover, the affidavit below claims a series of false or misleading statements in the documentation related to this shipment. The agent details what is alleged to be “fraudulently” labeled wood that is an attempt to evade an Indian ban on exports of unfinished wood.
The affidavit below details what is a classic Lacey Act violation with both the content of the shipment and the recipient. Regardless of Juszkiewicz’s politics, this shipment would have been flagged based on these allegations.
It does appear that, if the wood were finished in India, this might not be a violation under Indian law. Moreover, it is the type of violation that can easily occur if you do not use a local attorney to verify such questions. However, it is also true that companies often claim ignorance of local laws will supporting unlawful shipments of wood and other items. The point is that purchasing companies are equally responsible when they import unlawful goods. In my view, the 2009 allegations, detailed in one of the articles below, present a more serious concern in the importation of the wood from Madagascar — an area that has been ravaged by illegal harvesting and corruption.
Conservative bloggers and radio hosts have suggested that this is political retribution for Juszkiewicz’s support of conservative candidates. Gibson appears to be fueling the political allegation with Twitter postings to conservatives.
One report says that either Juszkiewicz or the company is warning that people who now have Gibson Guitars could see their instruments seized by the government. It is a clever tact to work up citizens but it is highly unlikely. It is true that purchase or possession of unlawful material is prohibited under Lacey. The act makes it unlawful for any person to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law whether in interstate or foreign commerce. Yet, it is rare to see actions taken against individual owners of prior sold products like a guitar. The focus of enforcement is on those in the stream of commerce, particularly shippers, manufacturers, and retailers.
Juszkiewicz objects that his employees are being treated like “drug dealers” though his own relations with his employees may need from fine tuning. The company has also been named in 2009 as the number one “worst to work for” in a survey by glassdoor.com.
Here is the statement of the Federal Agent: 20110819154237897
For a good discussion of the history of the two cases, click here and here
All who were involved in the raid have taken an oath to uphold the US Constitution which clearly the Lacey Act contradicts. My issue is not with Gibson or the import of woods, it’s with the Lacey Act itself. It’s a violation of each and every US citizens Constitutional rights! So YES, TREASON! If I choose to purchase a pallet of wood from anywhere is the world and burn it in my back yard than I have the right to do so! I’m an American!!! As long as the wood is cleared OK once it leaves it’s place of origin than who cares whether American hands worked or BURNED the wood? The Lacey Act makes me sick to my stomach with the idea that my government can jail me based on foreign law. With that mentality lets lockup every US woman for not covering their bodies, that’s illegal in parts of the world. It’s extreme I know, but I’m making a point. The law give the government the right to search, seize, imprison each and every US Citizen for no reason what so ever and in the Gibson case without probable cause as it states in the 1st few paragraphs of the Affidavit “To determine probable cause”…
All who were involved in the raid have taken an oath to uphold the US Constitution which clearly the Lacey Act contradicts. My issue is not with Gibson or the import of woods, it’s with the Lacey Act itself. It’s a violation of each and every US citizens Constitutional rights! So YES, TREASON! If I choose to purchase a pallet of wood from anywhere is the world and burn it in my back yard than I have the right to do so! I’m an American!!! As long as the wood is cleared OK once it leaves it’s place of origin than who cares whether American hands worked or BURNED the wood? The Lacey Act makes me sick to my stomach with the idea that my government can jail me based on foreign law. With that mentality lets lockup every US woman for not covering their bodies, that’s illegal in parts of the world. It’s extreme I know, but I’m making a point. The law give the government the right to search, seize, imprison each and every US Citizen for no reason what so ever and in the Gibson case without probable cause as it states in the 1st few paragraphs of the Affidavit “To determine probable cause”.
Treason? Wow.
Good response OS.
Clinton, as Dredd pointed out in the thread above, the US Congress passed the law, which makes it the current law in the United States. The Federal and State law enforcement agencies that enforce it are doing the will of Congress, just as they enforce other Federal laws.
Take it up with Congress.
The feds are enforcing foreign laws on American soil on American people, performing search & seizure without probable cause, then holding property indefinitely without a trial while throwing the most basic principles in the US Constitution out the window? The US constitution states ‘only US Congress can enforce laws on it’s citizens’ also we ‘have the right to confront our accuser in a court of law’. This is ANYTHING BUT AMERICAN AND ALL INVOLVED IN THE OPERATION SHOULD BE JAILED AND CHARGED WITH TREASON!
I see that Republican congresscritter Marsha Blackburn has invited Gibson CEO Henry Juszkiewicz to the Obama speech. Stunning, because the raid on the Gibson factory was the result of laws passed during the Bush administration. Thus, the problems of Gibson are all Obama’s fault. Typical. More here, reported by Laura Clawson:
http://www.dailykos.com/story/2011/09/08/1014689/-GOP-congresswoman-invites-Gibson-Guitar-CEO-to-Obamas-jobs-speech-after-federal-raid?detail=hide
They can pry my SG and my Les Paul from my cold, dead fingers.
gbk,
“So should I never travel with my guitars? Should I never perform with them?”
You’re not the first person to come to that same conclusion. I am aware of several anecdotal stories of pre-Lacey guitars being seized from musicians returning to the US after bringing their instruments with them abroad, dispite bringing documentation of authenticity. An agent in the field doesn’t have the education or the equipment needed to identify, date, or souce rare woods.
Don’t use Gibsons. I use Martins or Taylors. This sounds awfully political to me, and if the rumors that fly about Gibson’s working policies are true, then go to hell Gibson.
http://www.redstate.com/aglanon/2011/08/31/doj-advises-gibson-guitar-to-export-labor/
?
Thanks for posting the link to the agents statement – very interesting. As a Gibson guitar owner when I first heard this story I couldn’t believe they were being harassed in such a manner. As someone who has exported items for my employer and know something about the HS codes and paperwork that is required, after reading the statement it seems obvious (if true) they (exporter, importer and Gibson) were trying to circumvent the law. The shame of it is apparently the wood itself was properly obtained at the source, it is just the form it is in (essentially rough boards) that is illegal (because of Indian export laws probably designed to protect local manufacturing). I can’t believe this is the kind of thing the Lacey Act was intended to be used for – surely there are other laws intended to deal with administrative import/export violations? The Lacey Act is a good thing in my opinion, but it clearly needs to be tightened up so that it sticks to it’s original intention of restricting trade in scarce natural resources – not protecting indigenous industries.
Gibson’s teabagging. F U Gibson, I’ll never buy your product.
Let’s see, I have from Gibson the following models / years:
L1 / 1901
L4 / 1945
L7 / 1947
L5 / 1954
Les Paul Goldtop / 1957
and about thirteen other guitars. Some classical and flamenco guitars I bought in Spain in the mid-seventies, some Taylors purchased in the late-eighties . . .
Gibson guitars are coveted, in my opinion, due to the neck geometry. With the exception of their flattops, SGs, and maybe a few I never noticed, the bridge/top body/angle to fretboard follows the long standing tradition of fretless instruments such as violins, cellos, upright basses, etc., and this has a distinct impact on tone.
So should I never travel with my guitars? Should I never perform with them? I do understand the environmental impact of any consumption, but in following some of the articles (and branches of) linked in this thread it would seem that I would have to show providence for a guitar manufactured in 1901 that I bought in the early seventies if I was to reenter the US with it?
Maybe I should just join the ATF and trade guns for guitars?
Well, this is interesting. I worked for a small boutique guitar maker for a number of years, and during that time worked with several high-level former Gibson employees.
As to the meat of the matter – these violations are rampant throughout the industry. Everyone does it, it’s dismissed with a wink and a nod.
As to “why Gibson?” I suspect the reason Gibson’s getting picked on is because Juszkiewicz is a world class asshole – the first time I met him (summer NAMM 1996) he had two black eyes from getting the shit beaten out of him after he started a fight with a fellow golfer – so I am not at all surprised that somebody, most likely a former employee with details and printouts, emails and names, ratted out the company.
That he is blaming lower level employees is wholly expected and I’m sure he took care to never get his name on anything that instructed them to make illegal deals – but I know damn well that he knew what was going on.
Oh well. Poor guy takes a fall for the rich guy. That’s how it always works, right?
They will have to pry my ’67 SG from my cold dead fingers.
Blouise,
I would love it… when you have time…
anon nurse,
Don’t do youtube but I bet I could make a sound file and send it to you … I’ll have to ask one of my associates how to do it … I’ll just borrow a Mac
HenMan,
lol … very funny and very true
NoWay,
It is not a law of another country.
Once enacted it is the law of the USA.