More on Gibson Guitars and the Feds

The Wall Street Journal is carrying a second article on the seizure of exotic woods from Gibson Guitars.

The Wall Street Journal reports

Gibson's predicament, which raises concerns for musical instrument makers and other importers of wood, illustrates the pitfalls of complying with U.S. law while dealing with middlemen in faraway countries whose legal systems can be murky.

The law ensnaring Gibson is the Lacey Act of 1900, originally passed to regulate trade in bird feathers used for hats and amended in 2008 to cover wood and other plant products. It requires companies to make detailed disclosures about wood imports and bars the purchase of goods exported in violation of a foreign country's laws.

Leonard Krause, a consultant in Eugene, Ore., who advises companies on complying with the Lacey Act, is telling clients they should hire lawyers in countries where they obtain products. "How many people know the statutes in India?" Mr. Krause said. "The net effect is that it raises everybody's cost of doing business."

Federal agents first raided Gibson factories in November 2009 and were back again Aug. 24, seizing guitars, wood and electronic records. Gene Nix, a wood product engineer at Gibson, was questioned by agents after the first raid and told he could face five years in jail. "Can you imagine a federal agent saying, 'You're going to jail for five years' and what you do is sort wood in the factory?" said Mr. Juszkiewicz, recounting the incident. "I think that's way over the top." Gibson employees, he said, are being "treated like drug criminals." Mr. Nix hasn't been accused of any wrongdoing. He couldn't be reached for comment.

To read the full WSJ article, click HERE.