Hunter Biden charges: What punishments could the president’s son face?
Jerry Dunleavy
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Hunter Biden is being scrutinized by a federal prosecutor for possible tax fraud and for allegedly lying on a federal form when purchasing a firearm — crimes that could result in President Joe Biden’s son being fined or even landing in prison.
Republicans have long contended Hunter Biden’s lucrative business dealings in Ukraine and China indicate he may have committed crimes related to foreign lobbying or money laundering, although recent reports have indicated U.S. Attorney David Weiss, a Trump-appointed holdover and the Delaware prosecutor overseeing the case, may have narrowed his focus to Hunter Biden’s potentially committing tax fraud in 2016 and 2017 and lying on a federal gun form when purchasing a handgun in 2018.
FBI HAS “VOLUMINOUS EVIDENCE” OF POTENTIAL HUNTER BIDEN CRIMINALITY
Both are potential felonies that could lead to prison time if pursued by the Justice Department.
It is up to Weiss to decide whether to indict the president’s son. In February 2021, Joe Biden asked all Senate-confirmed U.S. attorneys appointed by Trump for their resignations, with Weiss a rare exception.
The New York Times reported on Wednesday that “people familiar with the investigation” said Weiss appeared to be focused mainly on possible charges against Hunter Biden “stemming from his failure to meet filing deadlines for his 2016 and 2017 tax returns, and questions about whether he falsely claimed at least $30,000 in deductions for business expenses.”
The outlet said Weiss was also considering charging Hunter Biden, who had a long history of illegal drug use, with “lying on a U.S. government form that he filled out to purchase a handgun in 2018.”
It was reported last year that the FBI agents investigating Hunter Biden believed they already had unearthed enough evidence to charge Joe Biden’s son with crimes related to tax fraud and lying during his purchase of the handgun.
Tax Fraud
If charged and convicted of felonious tax fraud, Hunter Biden would likely be hit with a fine, and significant jail time would also be possible.
The federal statutes on efforts to “evade or defeat tax” — 26 U.S. Code § 7201 — state that anyone who “willfully attempts in any manner to evade or defeat any tax imposed by this title or the payment thereof shall, in addition to other penalties provided by law, be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000, or imprisoned not more than five years, or both.” It is unlikely Hunter Biden would be sentenced to anything close to the maximum.
Hunter Biden revealed he was under federal investigation for his taxes shortly after the 2020 election, saying, “I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately, including with the benefit of professional tax advisers.”
Representatives for Hunter said last year that he had paid off a roughly $2 million past-due tax bill. He did so by taking out a $2 million loan from Hollywood lawyer Kevin Morris, who has been helping with shaping his media narrative and his legal strategies. Paying off the tax bill does not eliminate possible criminality.
Gun Charge
Lying on the Form 4473 put together by the Bureau of Alcohol, Tobacco, Firearms, and Explosives is a potential federal felony under 18 U.S. Code § 922, with a maximum prison sentence of 10 years behind bars. It is unlikely that Hunter Biden would receive such a lengthy sentence if convicted.
Copies of Hunter Biden’s Firearms Transaction Record dated Oct. 12, 2018, reportedly show Hunter Biden responded “no” to a question on the transaction record that asked, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?”
Hunter Biden and his family have publicly discussed his history of drug abuse, and his memoir, Beautiful Things, discussed his illegal drug use before, during, and after that time frame. His laptop hard drive also contains extensive evidence of illegal drug use, such as crack cocaine. The president’s son’s gun purchase came five years after he was discharged from the Navy Reserve after testing positive for cocaine.
The Government Accountability Office reported in 2018 that prosecutions for lying on a form are rare, but such prosecutions do happen. The GAO said that federal and state law enforcement “investigate and prosecute a small percentage of individuals who falsify information on a firearms form.”
The GAO said that for fiscal 2017 — the year spanning just before Hunter Biden allegedly lied on the gun form — the Bureau of Alcohol, Tobacco, Firearms, and Explosives made 12,710 referrals for investigation, but U.S. attorneys considered just 50 cases for prosecution, and just a dozen such cases were actually prosecuted.
Hunter Biden’s .38 caliber revolver was thrown in the trash near a Delaware high school in October 2018 by his sister-in-law Hallie Biden, with whom he was in a romantic relationship. He berated Hallie Biden, the widow of his brother Beau, after police responded, and he accused her of ruining his life.
The president’s son had bought the handgun from StarQuest Shooters in Delaware just a couple of days before it was tossed in the garbage.
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More Serious Crimes
Although the Justice Department indicting the son of a sitting president would be a major development, the bigger questions remain whether the DOJ has been considering more significant charges tied to money laundering or foreign lobbying and whether investigators have been looking into the national security implications of Hunter Biden’s overseas business dealings, especially his association with businessmen linked to Chinese intelligence.
Republicans will likely be disappointed if the Justice Department only charges Hunter Biden with tax fraud or on gun charges.
“Based on recent protected disclosures to my office, the FBI has within its possession significant, impactful, and voluminous evidence with respect to potential criminal conduct by Hunter Biden,” Sen. Chuck Grassley (R-IA) said in an October 2022 letter to Attorney General Merrick Garland, Weiss, and FBI Director Christopher Wray.