More details on the Gibson case

[Quantum Windbag]

I am sure that the usual suspects will come in here and deny that the DOJ did anything wrong, but the final agreement pretty much wipes all the talking points they have.

Gibson’s agreement to pay $350,000 to settle with the Department of Justice over alleged Lacey Act violations prompted a flood of press releases from environmental groups, lawmakers, and U.S. wood manufacturers. In unison, they hailed the settlement as a win for the world’s forests, a blow against slave labor, a victory for American jobs, and a triumph of diligent law enforcement. The actual settlement agreement, jointly signed by Justice officials and the Gibson legal team, paints a far different picture. Presenting a set of facts both sides agree on, it depicts overzealous and poorly informed enforcement officials in hot pursuit of a company that was trying in good faith to comply with contradictory foreign statutes. It also inadvertently sums up all that is wrong with the Lacey Act provision that holds U.S. firms criminally liable for violations of foreign laws.

Suspecting a Lacey violation, in 2009, the Environmental Crimes unit of the Justice Department, aided by the FBI and Fish and Wildlife Service, raided Gibson’s Nashville factory and seized pallets of ebony fingerboard blanks that had been imported from Madagascar. In 2006, Madagascar had banned the export of unfinished ebony, and two years later had prohibited the export of all ebony, so the DOJ felt they had a strong case. On a closer reading of the statutes, however, their case started to unravel. The order banning “unfinished” ebony contained a provision specifically permitting the export of guitar fingerboards. While it didn’t make a clear distinction between fingerboard blanks, and partially finished and fully finished, fretted fingerboards, does the global environment truly hang on whether a piece of ebony has a fret slot?

Upon banning ebony exports in 2008, the Madagascar government simultaneously issued licenses permitting select forest operators to legally ship wood that had been cut previously. The DOJ acknowledges that Gibson’s ebony came from a logger who had obtained one of the coveted export licenses. Documents seized during the raid also showed that Gibson had acquired the wood from a Forest Stewardship Council certified broker, who had provided ample assurances that it was in compliance with all relevant statutes. DOJ said that these circumstances partially exonerated Gibson, but that an internally circulated email from a company wood buyer stating “Proving legality is a major problem,” somehow showed criminal intent.

http://www.musictrades.com/editorial.html#gibsonjump

The actual agreement Gibson signed is here. I invite the usual suspects to read it and point out to me where Gibson actually did anything illegal.

Gibson Guitar: Gibson Comments on Department of Justice Settlement

 

[daveman]

Gibson committed two immoral acts:

1. It's a non-union shop.

2. The owners donate to the GOP.

 

[Gadawg73]

Good post on the bottom of this is the fact that it would be the right wing faction of the Nixon administration that initiated the storm trooper support for law enforcement.
Liberals warned of this in the early 70s and how ALL administrations could manipulate their policy with it.
Those terrible liberals.

 

[OODA_Loop]

Say no to baked maple.