Monday, November 12, 2012
3:00-4:00 pm Eastern
2:00-3:00 pm Central
1:00-2:00 pm Mountain
12:00-1:00 pm Pacific
About the Lacey Act
In 2008, Congress amended the long-standing Lacey Act to prohibit commerce in illegally sourced plants, including wood and composite wood products. The amendment was a significant change for manufacturers, creating a previously non-existent level of responsibility along the entire supply chain. Compliance with the Lacey Act will require many companies in the U.S. and abroad to make changes to their business practices. Specifically, the Lacey Act makes it unlawful to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any lumber taken, possessed, transported or sold in violation of the laws of the United States, a State, an Indian tribe, or any foreign law that protects or that regulates certain plant-related offenses. The purchase of imported Canadian wood is covered by the Lacey Act.
The U.S. government is stepping up enforcement of Lacey Act violations. Much publicity has been given to a 2009 raid by U.S. federal agents of Gibson Guitar Corp.'s Nashville manufacturing facility. The raid was part of an investigation into the illegal trade of a rare wood species allegedly used in some of Gibson's renowned musical instruments.
The government has three mechanisms to enforce compliance with the Lacey Act: civil, criminal, and forfeiture actions. Lacey Act civil and criminal penalties vary according to how much the company or individual knew about the crime, as well as the value of the good or shipment in question. Each felony violation is punishable by up to 5 years in prison and a $250,000 fine for individuals, or a $500,000 fine for corporations.
About the Webinar
The webinar will provide a short explanation of the Lacey Act, focusing on its application to imported wood and composite wood products; a review of enforcement mechanisms available to the government under the Lacey Act, including possible penalties and examples of enforcement actions to date; and guidance to manufacturers who purchase imported wood about how to exercise due care to avoid any potential Lacey Act violations.
About the Speaker
Lisa Noller is a litigation partner with Foley & Lardner, LLP, where she is a member of the firm's Government Enforcement, Compliance & White Collar Defense; Business Litigation & Dispute Resolution; and Securities Enforcement & Litigation Practices. She is an experienced trial lawyer, having spent more than 15 years investigating and trying complex criminal and civil cases, with a special focus on responding to government investigations. She has handled Lacey Act cases in the past. Prior to joining Foley, Ms. Noller was an Assistant U.S. Attorney, where she was also responsible for prosecuting Lacey Act violations.
WDMA Members: $99 Nonmembers: $199
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