DOJ Raids Gibson Guitar Factories for Alleged Lacey Act Violation
On August 25, 2011, Gibson Guitar Corp. issued a press release to announce that the Justice Department has raided and temporarily shut down two Gibson facilities in the Department's enforcement of the Lacey Act Amendments. According to Gibson, the Justice Department has suggested that Gibson's use of wood from India that is not finished by Indian workers is illegal.
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(Among other things, the 2008 Lacey Act Amendments made it unlawful to import, export, transport, sell, receive, acquire, or purchase in foreign commerce a broad range of plants, as well as plant products, with some limited exceptions, taken or traded in violation of the laws of other countries. The amendments also implemented an import declaration requirement, etc.)
Two Gibson Facilities Raided, Wood, Electronic Files, & Guitars Seized
On August 24, 2011, federal agents executed four search warrants on Gibson’s facilities in Nashville and Memphis, Tennessee 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 agents executed the search warrants. Gibson states that it has fully cooperated.
DOJ Suggests Wood Violated India’s Laws, Gibson Says it Was Legally Harvested
According to Gibson, the Justice Department has suggested that the use of wood from India that is not finished by Indian workers is illegal due to its interpretation of Indian law. However, Gibson states that this action was taken without the support and consent of the government in India.
Gibson states that the wood the government seized is from a Forest Stewardship Council (FSC)1 certified supplier and is FSC Controlled (compliant with FSC standards). 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.
Gibson Was Raided in 2009, but Says No Criminal Charges Have Been Filed
Gibson notes this is the second time federal agents have raided Gibson facilities and disrupted production. In 2009, a Gibson factory in Nashville was raided where the Government seized guitars and ebony fingerboard blanks from Madagascar. However, no criminal charges have yet been filed. Gibson states it has obtained sworn statements and documents from the Madagascar government, which show that the wood seized in 2009 was legally exported under Madagascar law and that no law has been violated.
Gibson states it is attempting to have its property returned in a civil proceeding that is pending in federal court, and that the Justice Department has asked the judge to stop the court case indefinitely.
1The FSC is an industry-recognized and independent, not-for-profit organization established to promote responsible management of the world’s forests.
(See ITT's Online Archives or 12/02/09 news, 09120299, for BP summary of Gibson's Nashville guitar plant being raided in 2009 for alleged Lacey Act Amendment violations.
See ITT's Online Archives or 08/23/11 news, 11082306, for BP summary of a DOJ article saying that enforcement of the Lacey Act Amendments has been slow to date, and that the 2009 Gibson incident of alleged noncompliance was in process as a forfeiture proceeding.)