Video: The Great Gibson Guitar Raid … Months later, still no charges

posted at 3:40 pm on February 23, 2012 by Tina Korbe

Last August, the federal government raided a Gibson Guitar factory and confiscated property worth at least $500,000. What had Gibson Guitars done wrong? They had imported wood from India and failed to follow every “jot and tittle” of the regulatory law … not of the United States, but of India.

Apparently, Gibson used an inappropriate tariff code on the wood. According to Reason.tv, “At issue is not whether the wood in question was endangered, but whether the wood was the correct level of thickness and finish before being exported from India.” In other words, Gibson’s violation had nothing to do with forest preservation.

Thanks to a bureaucratic U.S. law called The Lacey Act, Gibson and other importers can be criminally prosecuted by the U.S. government for violations not only of U.S. regulatory law, but also for violations of other countries’ regulatory laws. The Indian government didn’t see a reason to penalize Gibson — but Gibson’s own government did.

The Lacey Act was originally passed in the early 1900s to prevent illegal trafficking of endangered fish and wildlife, but expanded to include plant life and international trade. Over the years, it was repeatedly amended and became increasingly broader and vaguer. In the process, it turned into a perfect example of the way overregulation leads to overcriminalization.

Reason.tv recently checked in with Gibson CEO Henry Juszkiewicz to see how the case has progressed. Turns out, the DOJ has filed no charges. That means Gibson hasn’t had its day in court to defend itself — and the government still has all that confiscated property.

Fortunately, Kentucky Republican Sen. Rand Paul has introduced legislation to amend The Lacey Act to remove each and every mention of “foreign law” in the Act and to substitute a civil penalty system with The Lacey Act’s current criminal penalties.

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If government is going to be arbiter of fair and lawful competition, long as RICO, monopoly, and other LARGE laws aren’t being violated, then government is WAY too large.

Liam on May 21, 2013 at 8:44 PM

The real question, of course, is why DC — and other cities like it — even have so much innovation- and freedom-crushing red tape

How else are the bureaucrats going to keep the bribe money coming?

malclave on May 21, 2013 at 8:48 PM

How else are the bureaucrats going to keep the bribe money coming?

malclave on May 21, 2013 at 8:48 PM

That pretty much covers the topic.

Liam on May 21, 2013 at 8:53 PM

How do you pronounce this: womp

Whoomp (as in Whoomp, there it is)? Wahmp (rhymes with pomp)? something else?

cptacek on May 21, 2013 at 8:59 PM

Uber is a FANTASTIC company… naturally, it and the innovation it represents would be antithetical to the current oppressive environment this crony-based government has spawned…

dpduq on May 21, 2013 at 9:03 PM

simply provide customers with the option of hailing a taxi with a smartphone app is being put through the ringer in the nation’s capitol, too.

I hate to throw the grammar Nazi flag, but the word I bolded above should be wringer.

Gator Country on May 21, 2013 at 9:13 PM

How do you pronounce this: womp

Whoomp (as in Whoomp, there it is)? Wahmp (rhymes with pomp)? something else?

cptacek on May 21, 2013 at 8:59 PM

Woah! Erika’s quite the womp rat!

KS Rex on May 21, 2013 at 9:44 PM

Wringer is a ringer for “ringer”

Now if you’ll excuse, I have clothes to dry.

wolly4321 on May 21, 2013 at 9:45 PM

The real question, of course, is why DC — and other cities like it — even have so much innovation- and freedom-crushing red tape

And then those cities wonder out loud why they continually suffer ‘brain drains’ when the best and brightest flee for greener pastures.

It’s not rocket surgery.

Myron Falwell on May 21, 2013 at 9:56 PM

The real question, of course, is why DC — and other cities like it — even have so much innovation- and freedom-crushing red tape that diverts so much of what could otherwise be everybody’s profitable time and resources into fighting for permission to operate and completely legitimate and highly efficient business that creates real jobs and improves people’s lives. You’d think that small businesses daring to threaten the established order were doing something illicit, what with all the hoops they have to jump through these days — and that is no way to grow any kind of economy, be it on a micro- or macro-level.

Just like the medieval guilds, the purpose is to protect the existing businesses from aggressive competition.

And yes, this undermines the whole free enterprise system. Fortunately, the startups just view it as one more obstacle to get past, and manage anyway. But it’s still a waste of time and money.

There Goes the Neighborhood on May 22, 2013 at 10:26 AM

Had the opportunity to use Uber’s sedan service in L.A. a few weeks ago.

As soon as the service was ordered I knew that my car was 4 minutes away. I watched on the screen as it got closer and closer. When it hit 1 minute, I saw a black sedan on the opposite side of the street signaling to make a u-turn.

Contrast this with a year earlier when I called for a taxi in order to make the exact same trip. I was told that they were busy but they’d have someone there in 10 minutes. 15 minutes later I called and was told that someone would be there in 10 minutes. Another 15 minutes later I called and was told dispatch had sent someone and if they weren’t there in 5 minutes I should give them another call. 10 minutes after that I flagged down a passing cab and they got my business instead.

The Uber sedan service was $90 with tip. The taxi was $110 with tip.

If Uber wants to extend their business into the taxi realm (and they plan to keep the same level of service), it’s nothing but a boon to the residents of the cities they are operating in.

JadeNYU on May 22, 2013 at 11:02 AM

But Uber argues that the the taxi regulations issued last week, which go into effect June 1, would require it to link its payment system to the payment providers integrated into the new meters that taxis will begin installing this summer.

Wonder how much the preferred payment providers are paying DC?

unclesmrgol on May 22, 2013 at 11:43 AM