Reply #20: Gibson "may" have been thinking along these lines in the long term ...

[rog]

... but apparently they made a bad choice in the short term.

I posted this link in another thread, but it's gotten real crazy over there. This is just about the most complete article I've found, and includes info about both busts, quotes from the DOJ "Affidavit In Support Of Search Warrant," etc.

http://news.mongabay.com/2011/0902-eia_statement_gibson.html

Regarding your excellent thoughts on sustainable long term forestry practices ...

The June 4th (I think this is 2009) government filing in the current civil case, states that:

“Gibson sourced its unfinished ebony wood in the form of blanks (for use in the manufacture of fingerboards for Gibson guitars) from Nagel (in Germany), which obtained it exclusively from Roger Thunam (a supplier in Madagascar). Madagascar prohibits the harvest of ebony wood as well as the exportation of unfinished ebony wood.”

The filing also refers to internal Gibson emails: “A Gibson employee…wrote that ‘the true Ebony species preferred by Gibson Musical Instruments is found only in Madagascar (Diospyros perrieri). This is a slow-growing tree species with very little conservation protection and supplies are considered to be highly threatened in its native environment due to over exploitation.’ In fact, he ‘spent two and a half weeks in Madagascar this June (2008),’ writing on his return, ‘I represented our company along with two other guitar manufacturers.... All legal timber and wood exports are prohibited because of wide spread corruption and theft of valuable woods like rosewood and ebony.’”

“On February 25, 2009, in a reference to the potential long term solution, he wrote…that the company Maderas Barber ‘has been in the business a long time and may be able to help begin some legitimate harvests. Mr. Thunam on the other hand should now be able to supply Nagel with all the rosewood and ebony for the grey market.’”

So apparently Gibson just didn't feel it should wait around to do it right. They (apparently, because this hasn't gone to court yet) knew exactly what they were doing and did it anyhow, sourcing wood on the so-called "grey market." The more recent raid is for another reason. Apparently they were trying to do an end-run around an Indian statute that was publicly available.

The Lacey Act violation in question concerns Gibson’s import of pieces of rosewood and ebony that the government alleges to have been falsely declared both during export from India and during import to the U.S. The sawnwood in question had been exported from India under an incorrect tariff code (HS 9209), allegedly to avoid the Indian government’s prohibition on export of sawnwood products (HS 4407); and had been declared upon import as veneer (HS 4408). The affidavit states that this description “fraudulently presents as a shipment that would be legal to export from India, and, in turn, would not be a violation of the Lacey Act.” According to the affidavit, discrepancies among the paperwork accompanying the shipment suggest that the recipients knew they were purchasing sawnwood.

There's also an excellent NPR article on this that includes audio interviews with an EIA rep., the CEO of CF Martin, etc.

http://www.npr.org/blogs/therecord/2011/08/31/140090116/why-gibson-guitar-was-raided-by-the-justice-department

Regarding why CF Martin isn't under investigation, according to their CEO, they stopped importing wood from Brazil in the '90s because of over-harvesting, then when they found out about the situation in Madagascar, they stopped purchasing there, too. They support the Lacey Act unconditionally.

Thanks for an excellent post.

.rog.