** UPDATE from Premier Guitar
Gibson Responds to Raid by Feds
Joe Coffey
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 Gibson CEO Henry Juszkiewicz addresses the media in Nashville. Photo by Andy Ellis |
Nashville, TN (August 25, 2011) — Gibson CEO Henry Juszkiewicz addressed the media in a rare press conference today, commenting on recent federal raids at facilities in Nashville and Memphis.
“We’re not in the wrong,” Juszkiewicz said to reporters on the steps of the company’s Gibson USA facility on Massman Drive in Nashville. “We haven’t actually been charged with any wrongdoing.” The company simultaneously issued a
press release stating that it will fight aggressively to prove its innocence.
The company is involved in two investigations concerning the Lacey Act. At issue is the legality of some of the wood the company uses to make guitars. Ebony from the Republic of Madagascar was seized in a 2009 raid, and Indian rosewood was seized yesterday.
“The Lacey Act is very recent,” Juszkiewicz said. “That law was passed two years ago. So it’s not like that law has been around for a long, long time. But according to this law, if you bought a guitar from us and we sell it, you are criminally liable. You, not us. Everyone who touches the product, the store owner who sells that guitar, is criminally liable.”
The Lacey Act was originally signed into law in 1900. It serves to protect plants and wildlife through a series of penalties for buying, trafficking, and possessing certain species. It’s assumed that Juszkiewicz was referring to a recent amendment to the law, enacted via the Food, Conservation, and Energy Act of 2008, that has many luthiers crying foul. Some interpretations suggest that it is poorly written and would even prohibit most guitarists from traveling overseas with their existing guitars if taken seriously.
According to Juszkiewicz, Gibson has sworn statements and paperwork from the Republic of Madagascar on file in federal court declaring that the ebony seized in 2009 was legally obtained. Juszkiewicz added that the rosewood seized in yesterday’s raids is in compliance with standards set by the
Forest Stewardship Council, which is a non-government organization dedicated to promoting environmentally conscious forest management practices.
“The Justice Department’s position is that any guitar that we ship out of this facility is potentially [an] obstruction of justice and to be followed with criminal charges because we bought product from India,” Juszkiewicz said. However, Gibson employees returned to work today—a move he said he is personally responsible for.
“I’ve instructed our staff to continue building the product,” he said in response to a reporter’s question about Gibson’s compliance with the government following yesterday’s raids. “I’ve taken personal responsibility for that action,” he said.
Juszkiewicz’s frustration was apparent. “We feel totally abused,” he said. “We believe the arrogance of federal power is impacting me personally, our company personally, and the employees in Tennessee—and it’s just plain wrong."
Currently, a government lawsuit against the company has put the items seized in the 2009 raid in legal limbo while raising question of whether serious charges could be brought against Gibson, Juszkiewicz, and others in the company. The government claims the materials are contraband, but Gibson disagrees and wants them back. In a trial that resumes Monday, the government is weighing whether or not separate criminal charges should be filed. The judge has been asked to temporarily suspend the forfeiture trial until a decision is made.
Premier Guitar will bring you more on this story as it develops.
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from The Tennesean
August 25, 2011
Gibson Guitar Raided But Lips Zipped

Federal agents with the U.S. Fish & Wildlife Service gather at the parking lot of the Gibson plant in Nashville, Wednesday, / Jae S. Lee / The Tennessean
Federal authorities conducted simultaneous raids at Gibson Guitaroffices and factories in Nashville and Memphis on Wednesday in the latest of a series of legal woes to strike the legendary guitar maker.
Gibson has been the subject of an ongoing federal lawsuit and a separate investigation into whether it illegally imported endangered ebony woods to use in its sought-after instruments.
Federal agents were tight-lipped about the reason for Wednesday’s raids — the second in two years — or what they yielded.
“We can’t get into specifics right now,” said Nicholas Chavez, special agent in charge with the U.S. Fish and Wildlife Service, which conducted the raids along with agents with U.S. Immigration and Customs Enforcement. “This is an ongoing investigation.”
Chavez said the raid stemmed from a Texas case, but he declined to elaborate.
At Wednesday’s raid on Gibson’s Massman Drive facility — which manufactures the iconic Gibson Les Paul electric guitar — federal agents gathered inside while news reporters and photographers strained to see what was happening from across the street.
Tourists arriving at the Gibson Guitar factory in downtown Memphis found the doors locked and agents inside, theCommercial Appeal reported.
At Gibson headquarters on Plus Park Boulevard, a receptionist told a reporter that officials would not comment.
Efforts to reach Gibson officials and their attorney by phone were unsuccessful. Gibson CEO Henry Juszkiewicz has said previously the company was “fully cooperating” with federal officials.
The guitar maker is currently in the midst of a lawsuit stemming from the last federal raid.
In the November 2009 raid on its Nashville factory, authorities seized six guitars and pallets that they alleged were stacked with ebony wood from Madagascar rain forests. Federal authorities said the wood was imported in violation of the federal Lacey Act, which bars the importation of endangered plants and woods.
Claim contested
The government sued the company to permanently forfeit the items, claiming they are contraband — a claim Gibson is contesting.
In recent papers filed in that case, U.S. attorneys indicated that the government was weighing whether to pursue a separate criminal prosecution against Gibson or particular individuals — a process which could subject the company, its officials or other individuals to fines or jail time.
They’ve asked the judge in the case, William Joseph Haynes Jr., to temporarily suspend the forfeiture case while the criminal investigation is pursued. The case resumes on Monday.
U.S. Attorney Jerry Martin, citing ongoing investigations, said he was unable to comment on whether Wednesday’s raids were directly related to the case.
The raids come during a particularly trying period for the guitar company, which can trace its roots back to the late 19th century.
Gibson sustained extensive flood damage in May 2010 at the Massman Drive facility, which produces 2,500 guitars a month. The facility went offline for nearly three months.
Last March, the company sued its insurers, claiming the companies failed to fully cover its damages, which it placed at $17 million. That lawsuit was recently transferred from federal court to Davidson County Chancery Court.
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fromWMCTV.com
Authorities raid Gibson Guitar factory in downtown Memphis
By Nick Kenney - bio | email

MEMPHIS, TN -
(WMC-TV) - Authorities carried out a raid Wednesday at the Gibson Guitar factory in downtown Memphis.
Few details were released about the raid, which was carried about by agents with the U.S. Fish and Wildlife service.
Gibson has been under a cloud of suspicion because of wood that was used in some of its guitars. Gibson's factory in Nashville was raided last year because federal authorities believed some of the company's guitar parts were made from wood that was illegally cut and shipped from Madagascar.
Officials said agents were serving a search warrant as part of the ongoing investigation.
Through a window Wednesday, our cameras rolled as U.S. Fish and Wildlife agents took control of the factory floor and began to inventory stock. Meanwhile, UHaul trucks were waiting at the factory's loading dock to carry away materials.
In addition to activity in Memphis, a government spokesperson said, a similar raid was carried out Wednesday at the Nashville factory.
The factory in Memphis is closed for the day, and employees were sent home.
Copyright 2011 WMC-TV. All rights reserved.
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from WKRN.com
Feds raid Gibson Guitar Corp. in Nashville
NASHVILLE, Tenn. – Federal agents raided the Gibson Guitar Corporation in Nashville Wednesday morning.
Authorities have yet to release details as to why the facility on Massman Drive off Elm Hill Pike was raided although it's believed to be related to a raid at the same facility in November 2009 for possible violations of the Lacey Act.
The Lacey Act is a federal environmental law that prohibits importing endangered plants and wildlife. It was amended in 2009 to also include wood products.
During the raid in 2009, federal agents seized materials, files and computers from the plant on allegations that a rare ebony wood from Madagascar was illegally used at the factory.
No charges were ever filed
Wednesday morning, several hundred employees at the facility were first evacuated. They were later told to go home after being allowed to reenter the building to collect their belongings.
The Gibson Guitar facility in Memphis was also raided by federal authorities Wednesday morning.
Agents with the U.S. Customs and Border Protection agency and U.S. Fish and Wildlife Service remained on the scene in Nashville Wednesday afternoon.
Nashville's News 2 will update this story as more information becomes available.
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from KnoxNews.com
Federal agents raid Gibson guitar plant
- Associated Press
- Posted November 17, 2009 at 8:40 p.m.
NASHVILLE — Federal agents on Tuesday raided a Gibson guitar manufacturing plant and seized guitars amid concerns about where the Nashville-based company obtains the fine woods that go into its instruments.
Television stations reported that authorities seized wood guitars and other items, but no one was arrested.
The U.S. Attorney’s Office and Gibson officials did not return a call to The Associated Press for comment.
But Gibson did issue a statement saying the company is “fully cooperating with agents of the United States Fish and Wildlife Service as it pertains to an issue with harvested wood.”
Guitars and other musical instruments are often built from tropical hardwoods. Amid rainforest depletion, such woods are increasingly the focus of tight controls.
“Gibson is a chain of custody certified buyer who purchases wood from legal suppliers who are to follow all standards,” the statement said. “Gibson Guitar Chairman and CEO sits on the board of the Rainforest Alliance and takes the issue of certification very seriously. The company will continue to cooperate fully and assist our federal government with all inquiries and information.”
Gibson Guitar Corp. manufactures acoustic and electric guitars. The company also makes pianos through its Baldwin brand.
© 2009, The Associated Press. All Rights Reserved.
Nashville's News 2 will update this story as more information becomes available.
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