Gibson Guitar Settlement Statement Not So Mild Mannered

GuitarsI don't get into the legal arena very often so it feels kind of strange to be talking about a legal settlement between the US government and Gibson Guitars.  Honestly I have been rooting for Gibson ever since I first blogged about the raid back in August of 2011.  I was happy to see them settle this thing and be done with it, but then I read the statement that Gibson CEO Henry Juszkiewicz released about it.  After doing so I found myself actually switching sides a bit as his response strikes me as one part "mild mannered response" and three parts sarcasm.

 

For those who were not aware, several years ago the US government raided Gibson's manufacturing plant (wearing full riot gear and carrying rifles no less) to sieze a supply of Madacascar ebony wood that was suspected to be illegally imported under a law called the Lacey Act.  Just recently Gibson settled with the government in a rather unorthodox way agreeing to pay $350,000 and in return no criminal charges would be pursued.  That brings us to the statement sent out today by the company CEO.

The first three paragraphs of the statement are indeed pretty mild.  He explains the settlement and says the company just wants to move on.  They obviously believe that "Gibson was inappropriately targetted," and that they had done nothing wrong.  Fine.  Leave it at that and I would have remained totally on their side, but then Juszkiewicz starts to backtrack in what I think is a rather sarcastic manner.  He lists five questions and answers that people might have about the settlement and a couple of them seem to drip with pouty, angry sarcasm toward the government and the US Fish and Wildlife Service.  

In one question he asks, "Wasn't the Government's conduct here, with its armed raid on your headquarters and manufacturing facilities, so outrageous and overreaching as to deserve further Congressional investigation, just calling a spade a spade?"  In another he asks, "How did you settle on this unique form of agreement, and doesn't it represent just a fig leaf to cover the Government's naked surrender?"  

Maybe I am reading things differently than others do, and if so please feel free to leave a comment in the form below this article and tell me so, but my own personal opinion is that Juszkiewicz would have been much better off just to end his response with the official statement and leave out the petty verbal shots at the government found in the Q and A.  

About The Author
Chad Criswell

Chad Criswell is a career music educator working in the Iowa public schools.  His articles have appeared in dozens of publications both online and in print.  He currently serves as the national music technology writer for NAfME's Teaching Music Magazine and has presented sessions at numerous music education conferences including the 2012 Midwest Band and Orchestra Clinic.


Comments  

 
Guest
0#1Guest2012-08-10 10:16
One has to locate this incident within a more global context. If one does that, then the Agreement can be seen as just the beginning, and not the end, of a long political process.

Gibson had to give up something in order to get the Agreement. But what it gave up was precious little.

I would encourage those who want to deal in the world of objective truth, and not in the world of distortions, half-truths and outright lies of the fringe element of the enviromentalist movement, to go to Gibson's webpage and read the actual Agreement signed by the federal prosecutors and Gibson's attorneys. If one does that, what one finds is that the only thing the feds had to hang their hat on was their own self-serving interpretation of some arcane technicality in Madagascar law. What the Lacey Act does is it allows the U.S. federal government to prosecute violations of other countrys' laws. Madagascar law allows the export of ebony, but only if that wood is "finished," otherwise the export is deemed illegal. So this entire imbroglio boiled down to whether the ebony that Gibson imported was "finished" or not. The law was promulgated by the Madagascar government to protect the interests of manufacturers and labor in Madagascar, and has nothing to do with the protection or preservation of forests.

The feds also alleged illegal import of wood from India. But that part of the government's case fell apart when Gibson, as Gibson has stated in previous press statements, obtained an affidavit from the Indian government that they had violated no Indian law.

So the STATEMENT OF FACTS portion of the Agreement is a confirmation of what Gibson has been arguing all along, and that is that this had nothing to do with curtailing illegal logging, and everything to do with enforcing India's and Madagascar's labor laws. That was quite an admission that Gibson won from the government, and is a most formidable weapon to be used in future battles.

The next step in the process is already well under way, as you can see by reading the following statement issued a couple of days ago by "The Journal of Commerce," which can be found on the internet here:

joc.com/.../...

But one should not assume that Fish & Wildlife and its cohort of fringe environmentalist supporters has a monopoly on the moral high ground here. Quite the contrary, there are "evil" self-serving business interests lined up on Fish & Wildlife's side as well, as this quote from "The Tennessean" confirms:

“There was praise for the Gibson agreement from the U.S. hardwood industry, which strongly supports the Lacey Act because of provisions that disallow importation of some woods that the industry contends might unfairly compete with American lumber.”

“ ‘I feel those of us who have been working hard to defend the Lacey Act have been somewhat vindicated by the agreement and Gibson’s acknowledgment that they imported illegal materials and
did not follow due care,’ said Jamison French, chairman of the Washington, D.C.-based Hardwood Federation and chief executive of Northland Forest Products.”

The U.S. hardwood industry spent more than $17 million last year alone in lobbying and campaign contributions.

Any delusions that Fish & Wildlife is a sincere and genuine guardian of the environment, and not just the handmaiden of corporate interests, should have been dispelled when, a couple of years before the BP Gulf blowout, it placed its imprimatur upon "the conclusion that deepwater drilling for oil in the Gulf of Mexico posed no significant risk to wildlife, despite evidence that a spill of even moderate size could be disastrous, according to federal documents," as reported by the NY Times:

nytimes.com/.../...
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