Tip the Scale LLC, doing business as L & D Kitchen and Bath, pleaded guilty and was sentenced today for falsifying declarations about the species and harvest location of timber used in their wooden cabinets and vanities. This marks a significant enforcement action under the Lacey Act, aimed at curbing illegal timber trafficking.
Company Background and Offenses
Tip the Scale LLC, a prominent importer and seller of home goods, including kitchen cabinets and bathroom vanities, engaged in deceptive practices between January and May 2020. Court documents reveal that during this period, the company imported five shipping containers of wooden products. These imports, harvested and produced in China, were falsely declared as a different wood species supposedly harvested in Malaysia. This falsification enabled Tip the Scale to evade rigorous oversight of Chinese timber and circumvent more than $850,000 in import duties.
The Lacey Act mandates that importers of wood products provide accurate declarations detailing the scientific genus, species, and harvest country of timber-containing imports. These regulations are designed to prevent the entry of protected or illegally sourced timber into the United States, ensuring the protection of global forest ecosystems.
Legal Proceedings and Sentencing
Tip the Scale LLC pleaded guilty to a felony count of importing goods using false statements. The company’s sentencing includes a $360,000 fine and a probation period of three years. During probation, the company must implement an environmental compliance plan, audited by a third party. Additionally, prior to sentencing, Tip the Scale settled over $850,000 in outstanding duties. The seized wooden cabinets and vanities have been donated to Habitat for Humanity by the U.S. Fish and Wildlife Service (USFWS).
Statements from Officials
Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division highlighted the significance of the Lacey Act, noting, “The United States pioneered the criminalization of transnational trafficking of plants and plant products, including wooden home goods. Enforcing the Lacey Act is our best tool in combating timber trafficking.”
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Special Agent in Charge Robert Hammer, overseeing Homeland Security Investigations (HSI) operations in the Pacific Northwest, emphasized the broader implications of the case, stating, “Today’s sentencing clearly demonstrates that companies will face consequences for violating environmental laws and deceiving customs authorities. By falsifying import documentation, L&D Kitchen and Bath attempted to gain an unfair advantage over competitors and bypass critical environmental protections.”
Assistant Director Edward Grace of the USFWS Office of Law Enforcement pointed out the environmental and economic impacts of illegal timber trafficking, saying, “Illegal timber trafficking not only endangers critical forest ecosystems that countless species depend on, but also undermines the legitimate timber trade in U.S. and international markets. Brian Humphrey, Director of Field Operations for Customs and Border Protection (CBP) in the Seattle Field Office, emphasized the collaborative efforts of law enforcement agencies in upholding U.S. laws. He stated, “Customs and Border Protection is pleased to work with our law enforcement allies to make sure that people who break the law in our nation face the proper penalties.”
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Investigation and Enforcement in Timber Trafficking
The investigation into Tip the Scale LLC’s activities was a joint effort involving HSI Seattle, the USFWS Office of Law Enforcement, and the CBP. Forensic testing conducted by the USFWS National Fish and Wildlife Forensics Laboratory played a crucial role in uncovering the false declarations. Senior Trial Attorney Patrick M. Duggan, from the Environmental Crimes Section of the Environment and Natural Resources Division, led the prosecution.
You May Read the Complete Compliance plan of the LDB Here
Conclusion
The case against Tip the Scale LLC underscores the importance of strict adherence to environmental regulations and the ongoing commitment of U.S. authorities to combat illegal timber trafficking. This sentencing serves as a deterrent to other companies that might consider engaging in similar deceptive practices, ensuring that the integrity of the legal timber trade is maintained and vital forest ecosystems are protected.
