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Green's send DOJ to raid Gibson's factory seizing wood etc

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Green's send DOJ to raid Gibson's factory seizing wood etc

Postby jtmack on Sun Aug 28, 2011 10:00 pm

Guitar Frets: Environmental Enforcement Leaves Musicians in Fear
http://online.wsj.com/article/SB10001424053111904787404576530520471223268.html
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Agents from the U.S. Fish and Wildlife Service pore through the workshop at the Gibson Guitar factory on Wednesday morning.

Federal agents swooped in on Gibson Guitar Wednesday, raiding factories and offices in Memphis and Nashville, seizing several pallets of wood, electronic files and guitars. The Feds are keeping mum, but in a statement yesterday Gibson's chairman and CEO, Henry Juszkiewicz, defended his company's manufacturing policies, accusing the Justice Department of bullying the company. "The wood the government seized Wednesday is from a Forest Stewardship Council certified supplier," he said, suggesting the Feds are using the aggressive enforcement of overly broad laws to make the company cry uncle.

It isn't the first time that agents of the Fish and Wildlife Service have come knocking at the storied maker of such iconic instruments as the Les Paul electric guitar, the J-160E acoustic-electric John Lennon played, and essential jazz-boxes such as Charlie Christian's ES-150. In 2009 the Feds seized several guitars and pallets of wood from a Gibson factory, and both sides have been wrangling over the goods in a case with the delightful name "United States of America v. Ebony Wood in Various Forms."

The question in the first raid seemed to be whether Gibson had been buying illegally harvested hardwoods from protected forests, such as the Madagascar ebony that makes for such lovely fretboards. And if Gibson did knowingly import illegally harvested ebony from Madagascar, that wouldn't be a negligible offense. Peter Lowry, ebony and rosewood expert at the Missouri Botanical Garden, calls the Madagascar wood trade the "equivalent of Africa's blood diamonds." But with the new raid, the government seems to be questioning whether some wood sourced from India met every regulatory jot and tittle.

It isn't just Gibson that is sweating. Musicians who play vintage guitars and other instruments made of environmentally protected materials are worried the authorities may be coming for them next.

If you are the lucky owner of a 1920s Martin guitar, it may well be made, in part, of Brazilian rosewood. Cross an international border with an instrument made of that now-restricted wood, and you better have correct and complete documentation proving the age of the instrument. Otherwise, you could lose it to a zealous customs agent—not to mention face fines and prosecution.

John Thomas, a law professor at Quinnipiac University and a blues and ragtime guitarist, says "there's a lot of anxiety, and it's well justified." Once upon a time, he would have taken one of his vintage guitars on his travels. Now, "I don't go out of the country with a wooden guitar."

The tangled intersection of international laws is enforced through a thicket of paperwork. Recent revisions to 1900's Lacey Act require that anyone crossing the U.S. border declare every bit of flora or fauna being brought into the country. One is under "strict liability" to fill out the paperwork—and without any mistakes.

It's not enough to know that the body of your old guitar is made of spruce and maple: What's the bridge made of? If it's ebony, do you have the paperwork to show when and where that wood was harvested and when and where it was made into a bridge? Is the nut holding the strings at the guitar's headstock bone, or could it be ivory? "Even if you have no knowledge—despite Herculean efforts to obtain it—that some piece of your guitar, no matter how small, was obtained illegally, you lose your guitar forever," Prof. Thomas has written. "Oh, and you'll be fined $250 for that false (or missing) information in your Lacey Act Import Declaration."

Consider the recent experience of Pascal Vieillard, whose Atlanta-area company, A-440 Pianos, imported several antique Bösendorfers. Mr. Vieillard asked officials at the Convention on International Trade in Endangered Species how to fill out the correct paperwork—which simply encouraged them to alert U.S. Customs to give his shipment added scrutiny.

There was never any question that the instruments were old enough to have grandfathered ivory keys. But Mr. Vieillard didn't have his paperwork straight when two-dozen federal agents came calling.

Facing criminal charges that might have put him in prison for years, Mr. Vieillard pleaded guilty to a misdemeanor count of violating the Lacey Act, and was handed a $17,500 fine and three years probation.

Given the risks, why don't musicians just settle for the safety of carbon fiber? Some do—when concert pianist Jeffrey Sharkey moved to England two decades ago, he had Steinway replace the ivories on his piano with plastic.

Still, musicians cling to the old materials. Last year, Dick Boak, director of artist relations for C.F. Martin & Co., complained to Mother Nature News about the difficulty of getting elite guitarists to switch to instruments made from sustainable materials. "Surprisingly, musicians, who represent some of the most savvy, ecologically minded people around, are resistant to anything about changing the tone of their guitars," he said.

You could mark that up to hypocrisy—artsy do-gooders only too eager to tell others what kind of light bulbs they have to buy won't make sacrifices when it comes to their own passions. Then again, maybe it isn't hypocrisy to recognize that art makes claims significant enough to compete with environmentalists' agendas.
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Re: Green's send DOJ to raid Gibson's factory seizing wood etc

Postby jtmack on Thu Sep 01, 2011 4:34 pm

DOJ Advises Gibson Guitar to Export Labor to Madagascar
The Gibson Guitar saga has taken a sinister turn.

It seems that the Department of Justice wasn’t satisfied with merely raiding the law abiding factories of Gibson Guitar with armed agents, shutting down their operation costing them millions, and leaving the American company in the dark as to how to proceed without going out of business.

Now, according to CEO Henry Juszkiewicz, agents of the United States government are bluntly informing them that they’d be better off shipping their manufacturing labor overseas.

In an interview with KMJ AM’s “The Chris Daniel Show,” Juszkiewicz revealed some startling information.

CHRIS DANIEL: Mr. Juszkiewicz, did an agent of the US government suggest to you that your problems would go away if you used Madagascar labor instead of American labor?

HENRY JUSZKIEWICZ: They actually wrote that in a pleading.

CHRIS DANIEL: Excuse me?

HENRY JUSKIEWICZ: They actually wrote that it a pleading.

CHRIS DANIEL: That your problems would go away if you used Madagascar labor instead of our labor?

HENRY JUSKIEWICZ: Yes

So the government attacked them in the first place by citing obscure regulations that probably weren’t violated about importation of wood. Now they are suggesting that all these problems would go away if they simply exported their labor.

Had it simply been said in passing by an agent, one could write it off as a lone sarcastic agent, trying to push buttons. But the fact that they actually wrote it in the pleading is a level of hubris that goes well beyond over zealous law enforcement officials and passes straight into what can easily be translated as an out of control and corrupt targeting of an American corporation.

When President Obama gives his jobs speech next week, let’s hope he has an answer for why our government would want to force and coerce corporations to send jobs overseas.

Here’s the audio of the CEO making the incredible allegation:

http://www.redstate.com/aglanon/2011/08/31/doj-advises-gibson-guitar-to-export-labor/
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Re: Green's send DOJ to raid Gibson's factory seizing wood etc

Postby jtmack on Thu Sep 01, 2011 6:28 pm

Michelle Obama’s Gibson guitar gift

Last week’s DOJ raid on two Gibson Guitar facilities in Tennessee has generated justifiable anger. The Justice Department confiscated $1 million worth of Gibson property (pallets of wood, electronic files, guitars and the like), but failed to inform the company why. The raid represents a repeat performance, too: Federal regulators pulled the same stunt on the storied manufacturer in 2009.

Presumably, the DOJ, if it ever bothers to clarify, will say Gibson is guilty of importing wood from endangered trees to manufacture its legendary guitars — prohibited under the Lacey Act, legislation that makes it “illegal to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken or traded in violation of the laws of the U.S., a U.S. State, or relevant foreign law.”

But the Justice Department’s silence reflects the reality that Gibson likely hasn’t broken any American laws — at most, they might have failed to meet “every regulatory jot and tittle” of the country from which the wood was imported (in the case of the most recent raid, India).

But if it turns out that the Indian rosewood in question is illegal contraband in the eyes of Obama’s DOJ, then Michelle Obama is just as guilty of trafficking in it as Gibson. In 2009, Michelle Obama gave Carla Bruni-Sarkozy a Gibson guitar with a fretboard made of the material:

Mrs. Obama presented Mrs. Bruni-Sarkozy with the Gibson guitar on Saturday before the first ladies visited the Cathedral de Norte Dame de Strasbourg, along with the rest of the NATO Summit spouses. The Gibson Hummingbird apparently hit the right chord with Mrs. Bruni-Sarkozy, as the Mrs. Obama’s office reported that the two women really hit it off and enjoyed a private lunch together that lasted for more than one hour.

Mrs. Bruni-Sarkozy is a former model, and is also a singer/songwriter. She has released three albums, the last of which, As If Nothing Happened, was released in July 2008. She plays acoustic guitar on many of her songs.

According to a list of the gift’s specs at Gibson.com, the fretboard was made from a “choice piece of Indian rosewood.”

Does someone think she’s above the law? Looks like it. But, then, this isn’t the first evidence we have that Michelle thinks she’s the queen.
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