Gibson Guitar Busted By Feds…Just Because

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Two Gibson Guitar factories in Nashville and Memphis, Tennessee were raided yesterday by Federal agents. They seized computer records, guitars and wood used in the manufacture of guitars and other musical instruments.

Being a Carpenter, woodworker and sometimes wood carver, I consider myself a connoisseur of fine wood. It didn’t say in the article, but I’m thinking the wood seized was Indian Rosewood and/or Satinwood. Both are highly figured woods that look spectacular on the front of a guitar or any piece of furniture for that matter.

And all this wood was confiscated because of some obscure law, the Lacey Act which has to do with violations of  foreign laws only. Gibson has steadfastly proclaimed their innocence and said they’ve followed all laws of the US and any foreign countries where they obtain their lumber from. Below is the press release from Gibson Guitar;

The Justice department bullies Gibson without filing charges

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. (If the same wood from the same tree was finished by Indian workers, the material would be legal.) This action was taken without the support and consent of the government in India.

On August 24, 2011, around 8:45 a.m. CDT, agents for the federal government executed four search warrants on Gibson’s facilities in Nashville and Memphis and seized several pallets of wood, electronic files and guitars. Gibson had to cease its manufacturing operations and send workers home for the day, while armed agents executed the search warrants. Gibson has fully cooperated with the execution of the search warrants.

• Raid shut down Gibson factories and cost company money
This is the second time that federal agents have raided Gibson facilities and disrupted production – this time causing lost productivity and sales.

• Wood seized was Forest Stewardship Council Controlled
The wood the Government seized on August 24 is from a Forest Stewardship Council certified supplier and is FSC Controlled, meaning that the wood complies with the standards of the Forest Stewardship Council, which is an industry-recognized and independent, not-for-profit organization established to promote responsible management of the world’s forests. FSC Controlled Wood standards require, among other things, that the wood not be illegally harvested and not be harvested in violation of traditional and civil rights. See www.fsc.org for more information. Gibson has a long history of supporting sustainable and responsible sources of wood and has worked diligently with entities such as the Rainforest Alliance and Greenpeace to secure FSC certified supplies. The wood seized on August 24 satisfied FSC standards.

• Nearly two years later, no charges have been filed
In 2009, more than a dozen agents with automatic weapons invaded the Gibson factory in Nashville. The Government seized guitars and a substantial amount of ebony fingerboard blanks from Madagascar. To date, 1 year and 9 months later, criminal charges have NOT been filed, yet the Government still holds Gibson’s property. Gibson has obtained sworn statements and documents from the Madagascar government and these materials, which have been filed in federal court, show that the wood seized in 2009 was legally exported under Madagascar law and that no law has been violated. Gibson is attempting to have its property returned in a civil proceeding that is pending in federal court.

The Justice Department has asked the judge to stop the court case indefinitely.

• Information sought in raid was already made available
Since 2009, Gibson has fully cooperated with the Government’s investigation of wood and has provided substantial documentation regarding Gibson’s wood-buying activities over the years. Yet, the Federal Government raided Gibson’s facilities on August 24, 2011, without warning or communication of any kind. Had the Government simply communicated with Gibson, Gibson would have cooperated without having to stop its production and send workers home.

• Not about illegal logging, not about conservation, not about the environment
The U.S. Lacey Act does not directly address conservation issues but is about obeying all laws of the countries from which wood products are procured. This law reads that you are guilty if you did not observe a law even though you had no knowledge of that law in a foreign country. The U.S. Lacey Act is only applicable when a foreign law has been violated.

• Gibson is innocent and will fight to protect its rights
Gibson has complied with foreign laws and believes it is innocent of ANY wrong doing. We will fight aggressively to prove our innocence.

For more information, please contact:
Henry E. Juszkiewicz
c/o Gibson Guitar Corp.
309 Plus Park Blvd.
Nashville, TN 37217
(615) 871-4500 Extension 2405
www.gibson.com

Update; The Lonely Conservative also has the scoop on this travesty of justice.

UpdateII; Ahhh…the plot thickens. From Doug Ross;

Henry E. Juszkiewicz, Gibson’s Chief Executive Officer, is a [large] donor to a couple of Republican politicians…

When warrants as ridiculous such as these are issued and executed, there appears no other reason than because the company or individual at hand is being targeted, not because there is any sort of wrongdoing. As a company, Gibson is a legendary. They’ve done nothing wrong, except, apparently, deigning to have a Republican CEO.

The plot thickens, however.

One of Gibson’s leading competitors is C.F. Martin & Company. The C.E.O., Chris Martin IV, is a long-time Democratic supporter, with $35,400 in contributions to Democratic candidates and the DNC over the past couple of election cycles. According to C.F. Martin’s catalog, several of their guitars contain “East Indian Rosewood.” In case you were wondering, that is the exact same wood in at least ten of Gibson’s guitars.

And this;

So how could the federal government justify its attempts to shut down one of the few companies still manufacturing valuable products in the United States? The supposed reason is an egregious piece of legislation called the Lacey Act, which:

…regulates the importation of plants, animals, and products thereof into the United States. The Lacey Act effectively permits wooden musical instruments to be seized indefinitely, without compensation, and places the burden of proof on the owner, not the government. Do you own an $11,000 2011 Gibson Eric Clapton Edition Les Paul? Want to take it to Canada and back? You’d better be prepared to document the source of all materials to the government’s satisfaction upon your return, or you could lose it indefinitely. If you thinking documenting that is tough, what if you’re ZZ Top’s Billy Gibbons returning from an overseas tour with your real 1959 sunburst Les Paul, for which you’ve already turned down at least one $5,000,000 offer? Good luck documenting the wood from a fifty-two-year-old guitar.

Kind of scary, huh?

H/T IOTW

Now on Memeorandum

And for a humorous take on the Guitar raid, we have Iowahawk Blog;

WASHINGTON – Today’s uncovering of secret multi-agency program for shipping illegal Gibson guitars to Mexican drug cartels left red-faced officials of the U.S. Department of Justice scrambling for an explanation amid angry calls for a Congressional investigation.

“I have ordered all agency personnel to fully cooperate in any Congressional inquiries, including all reasonable document request, as soon as we can redact them with Sharpie pens and lighter fluid,” said U.S. Attorney General Eric Holder.

The secret program came to light early this morning in the border town of Nogales, Arizona, after what was described as a wild battle of the bands between members of the Sinaloa cartel and Los Zetas, two of Mexico’s most notorious violent drug gangs.

“Usually these guys are armed with Mexican Strats and Squires, Epiphones, small caliber stuff like that,” said Pedro Ochoa, 36, an eye witness to the sonic melee. “This time they were packing the heavy firepower.”