The
items [bulleted above] are a few examples of a growing problem in the U.S.
and particularly in the Southeast where timber values have been at record
highs. According to Walt Adams, Boise Cascade's Corporate Timber Security
Officer, more than 10 million truckloads are delivered in the Southeast
annually and, of that, experts estimate 5-10% is stolen. That translates to
between 50,000 and 100,000 loads per year and, in terms of dollar loss, $75
million. (Adams uses an average value of $750 per load.)While these
figures are staggering, in truth no one really knows how much is being
stolen. Industry has stepped up enforcement in recent years, but forestry
law officers admit it's probably only the tip of the iceberg. To paraphrase
the old pop tune, there must be 50 ways to steal your timber! Thieves can be
anyone in the 'chain of title' that transfers trees from stump to the
processing mill.
Even people outside the industry have found ways to get their fingers
in the pie. One scam involved a person representing himself to the landowner
as a timber buyer to get a signed contract. He then hired a logger to cut
the timber and split town without paying the landowner. In another case, a
woman handled the sale of timber for the heirs of an estate and then skipped
town.
Perpetrators have included loggers, truck drivers, scalers, foresters,
wood dealers, corporate accountants and/or comptrollers, and any number of
brokers who manage property, sell real estate or purchase/sell timber
rights.
Whether we like it or not, there has always been a minuscule criminal
element in our industry, as there is in any industry. However, several
enforcement officers I spoke with believe this trend has been growing in the
last few years, partly because of the all-time high values associated with
timber. It takes a lot of work to steal timber, one officer points out. In
the past, it wasn't always worth the effort for the money. Now it is.
The financial loss is generally borne by the landowner and/or timber
buyer. In some cases, losses have been as much as $5 million. Remember the
Keadle Lumber case in Georgia? Initially in October 1989, the value was set
at a little over $1.1 million. But the investigation, which led to 18
indictments, some of which are still being processed, unearthed more than $4
million of stolen timber. That is often the scenario. Officers begin
investigating one theft and in the process discover other thefts that have
occurred.
Experts agree, the most vulnerable is the private landowner,
particularly the absentee owner who may not step foot on his property for
several years. In fact, 140 of the 144 cases investigated in Louisiana in
1998 were thefts on private, non-industrial land. The bigger loser,
though, is the entire forest products industry and more specifically, all
honest, conscientious people.
Timber theft violates the public trust and plants a seed of distrust
among reasonable, fair-minded citizens. Radical presevationists need only to
water it with their distorted, intentionally misleading 'facts.' We've seen
the blossoming effect of that distrust in an ever-increasing demand for
regulations from federal agencies and local bodies.
The good news is that more and more of these criminals are being brought
to justice. Forestry commissions and other state forestry agencies have
focused on this type of crime in recent years and are aggressively
investigating these cases. To their credit, they have succeeded in obtaining
dozens of convictions and/or settlements.
Several Southern states have or are in the process of passing laws to
strengthen investigative efforts and stiffen penalties. Texas passed a law
in 1997 that makes theft of more than $500 of property a felony and sets
fines up to three times the amount of the value. Alabama forestry
representatives are currently writing a scale ticket law they hope to
introduce to the legislature this year. The law is expected to make lying on
the tickets a felony and require more information be included, such as the
county the timber is from, type of product, as well as the landowner, and
logger's and truck driver's names.
Louisiana's legislature has been active as well. It has passed laws
requiring prompt payment for timber removed. Previously, an unscrupulous
operator could have a two- or three-year contract, cut the timber and be
long gone by the time it officially became a crime when the contract
expired. Other laws have made it a felony to lie about the origin of timber
and require that records of pertinent information be kept.
In the past, proving a timber theft was difficult and time-consuming
because it required following a twisted and sometimes incomplete paper
trail. Thefts may not be discovered until months or years after the crime.
Today, video cameras and other surveillance techniques are helping to catch
suspected criminals in the act. Instead of confronting a suspected employee,
loggers are learning to enlist the aid of law enforcement to catch him in
the act. State prosecutors, who were once reluctant to try these cases, are
taking them to court and winning.
Forest products companies began taking a serious look at the problem in
the mid-'80s with the organization of the Southern Forest Products Security
Group. In 1993, American Pulpwood Assn. began providing staff support,
meeting planning and publication opportunities such as the Timber Security
Alerts. Today, there is a South Central Group and a Southeast Group within
the larger organization. Membership includes personnel from forest products
companies' resource and accounting departments, foresters, wood suppliers
and state forestry agencies. The networking and training opportunities the
group provides has gone a long way toward addressing this problem.