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Gibson reacts to Federal 'bullying'

Ronnie Dungan
Gibson reacts to Federal 'bullying'

The firm's factories in Nashville and Memphis were raided by Federal Agents on Wednesday as part of an ongoing investigation into its use of imported woods. It was previously raided in November 2009.

An extensive statement from the firm accuses the Government of bullying tactics and points out that no chrages have yet been brought against the firm.

The statement, by CEO Henry Juszkiewicz (pictured), said: "The Federal Department of Justice in Washington, DC has suggested that the use of wood from India that is not finished by Indian workers is illegal, not because of US 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.

"This is the second time that federal agents have raided Gibson facilities and disrupted production – this time causing lost productivity and sales.

"The wood the Government seized on August 24th 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-recognised and independent, not-for-profit organisation 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 24TH satisfied FSC standards.

"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, one year and nine 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. 

"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 24th 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.

"The US 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 US 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."

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Tags: Gibson , Lacey Act

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