--Previous Message--
: Last week, the feds apparently raided the premises of Gibson
: Guitar, searching for "illegal wood" used in those
: guitars. Apparently, the government and Gibson have been
: involved in an ongoing lawsuit for some time, after the feds
: seized some guitars in 2009 and a case commenced against the
: wood in the guitar (yes, against the wood, since it was one of
: those "in rem" cases): "United States of America
: v. Ebony Wood in Various Forms." Apparently, now the
: government is taking it up a notch, and while there is a
: grandfather clause, if you get your paperwork just marginally
: wrong and happen to own a Gibson guitar with illegal wood, the
: government could seize it and fine you. Apparently, a bunch of
: musicians are reasonably afraid, and some suggest not taking any
: such guitar out of the country if you ever plan on bringing it
: back:
:
: John Thomas, a law professor at Quinnipiac University and a
: blues and ragtime guitarist, says "there's a lot of
: anxiety, and it's well justified." Once upon a time, he
: would have taken one of his vintage guitars on his travels. Now,
: "I don't go out of the country with a wooden guitar."
:
: It's not enough to know that the body of your old guitar is
: made of spruce and maple: What's the bridge made of? If it's
: ebony, do you have the paperwork to show when and where that
: wood was harvested and when and where it was made into a bridge?
: Is the nut holding the strings at the guitar's headstock bone,
: or could it be ivory? "Even if you have no knowledge -
: despite Herculean efforts to obtain it - that some piece of your
: guitar, no matter how small, was obtained illegally, you lose
: your guitar forever," Prof. Thomas has written. "Oh,
: and you'll be fined $250 for that false (or missing) information
: in your Lacey Act Import Declaration."
:
: And since this is a "strict liability" situation,
: asking the government for help in making sure you're being legal
: may actually make things worse. Much worse:
:
: Consider the recent experience of Pascal Vieillard, whose
: Atlanta-area company, A-440 Pianos, imported several antique
: Bösendorfers. Mr. Vieillard asked officials at the Convention on
: International Trade in Endangered Species how to fill out the
: correct paperwork - which simply encouraged them to alert US
: Customs to give his shipment added scrutiny.
:
: There was never any question that the instruments were old
: enough to have grandfathered ivory keys. But Mr. Vieillard
: didn't have his paperwork straight when two-dozen federal agents
: came calling.
:
: Facing criminal charges that might have put him in prison
: for years, Mr. Vieillard pleaded guilty to a misdemeanor count
: of violating the Lacey Act, and was handed a $17,500 fine and
: three years probation.
:
: I'm all for not destroying the environment - and if Gibson is
: really doing something bad, then that should be dealt with. But
: some of these other situations just seem flat out ridiculous.
: Don't the feds have more important things to do?
:
:
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