Hunter Biden, the son of President Joe Biden, has agreed to plead guilty to two federal misdemeanor crimes of willfully failing to pay federal income taxes, a court filing Tuesday revealed.
Hunter Biden also has agreed to enter a so-called pretrial diversion agreement in connection with a federal felony charge of possession of a gun by a person who is a user or addict of illegal drugs, according to the filing by prosecutors in U.S. District Court in Delaware.
Typically, such agreements call for the related criminal charge to be dismissed if a defendant complies with the conditions of the deal for a set period of time.
NBC News, citing two sources familiar with Hunter’s plea deal, said that U.S. Attorney for Delaware David Weiss agreed to recommend to a judge that Hunter receive a sentence of probation for the tax crimes.
Weiss was appointed to his post by then-President Donald Trump, and was allowed to remain in that position after Joe Biden’s election to continue what has been a five-year criminal investigation of Biden’s son.
Weiss has filed two charging documents, known as informations, against Hunter, one for the tax crimes, and one for the firearm charge.
Prosecutors routinely use an information to charge defendants who have agreed to plead guilty.
The information charging Hunter with two tax crimes says that in both 2017 and 2018, the Los Angeles resident had taxable income in excess of $1.5 million, but failed to pay income tax for either of those years. Hunter owed the IRS more than $100,000 in taxes for each of those years, according to the filing.
The tax charges have a maximum possible sentence of 12 months in prison.
The information on the gun charge says that during an 11-day period in October 2018, Hunter possessed a Colt Cobra .38-caliber revolver “despite knowing he was an unlawful user of and addicted to a controlled substance.”
The maximum possible sentence for the gun charge is 10 years in prison.
Weiss’ office in a press release detailing the agreement said, “The investigation is ongoing,” but did not elaborate.
A memorandum summarizing the terms of Hunter’s plea agreement and details of the pretrial diversion deal will be publicly filed by the time he appears in court for a plea hearing, a prosecutor in Weiss’s office wrote in a letter to the federal court clerk in Delaware.
Hunter, who for years has struggled with substance abuse, in 2022 paid federal income taxes he had failed to previously pay for 2017 and 2018.
White House spokesman Ian Sams in a statement to NBC News about the plea deal by Hunter, said, “The President and First Lady love their son and support him as he continues to rebuild his life. We will have no further comment.”
Chris Clark, Hunter’s criminal defense lawyer, in a statement, said, “With the announcement of two agreements between my client, Hunter Biden, and the United States Attorney’s Office for the District of Delaware, it is my understanding that the five-year investigation into Hunter is resolved.”
“Hunter will take responsibility for two instances of misdemeanor failure to file tax payments when due pursuant to a plea agreement,” Clark said.
“A firearm charge, which will be subject to a pretrial diversion agreement and will not be the subject of the plea agreement, will also be filed by the Government,” he said.
“I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life. He looks forward to continuing his recovery and moving forward.”
Trump, who was indicted earlier this month on more than three dozen federal charges related to his alleged illegal retention of classified documents after leaving the White House, blasted Hunter’s plea deal in a post on his Truth Social site.
“Wow! The corrupt Biden DOJ [Department of Justice] just cleared up hundreds of years of criminal liability by giving Hunter Biden a mere “traffic ticket,’ ” Trump wrote.
“Our system is BROKEN!” added Trump, who is seeking the 2024 Republican presidential nomination.
Trump later wrote on Truth Social: “People are going wild over the Hunter Biden Scam with the DOJ!”
CNBC
