Understanding the Far Reaching Indictments Against Hunter Biden

Center for Strategic & International Studies, CC BY 3.0, via Wikimedia Commons

Hunter Biden, the son of US President Joe Biden, has been indicted on nine federal tax charges in California. This indictment comes on top of existing gun charges filed against him in Delaware. There is no doubt about it. When one looks at these indictments there is a “lot there.” The indictment in California is 56 pages and it would be helpful to be a tax attorney in order to navigate it. Realizing that most people lack such training, we decided to provide a simple breakdown of the latest indictment:

Charges:

Three felony counts:
- Failure to file tax returns for tax years 2017 and 2018
- Failure to pay taxes for tax years 2016 and 2019
- Tax evasion for tax year 2018. This one is particularly problematic because it includes accusations of deception
Six misdemeanor counts:
- Failure to file tax returns for tax years 2016 and 2019
- Failure to pay taxes for tax years 2017 and 2018

Allegations:

The indictment alleges that Hunter Biden engaged in a four-year scheme to evade paying at least $1.4 million in federal taxes.
Prosecutors claim he did this by:
- Subverting the payroll and tax withholding process of his own company
- Withdrawing millions of dollars outside of the payroll and tax withholding process
- Spending millions of dollars on an extravagant lifestyle rather than paying his tax bills
- Filing a false tax return for 2018

Potential consequences:

If convicted on the felony charges, Hunter Biden could face up to 17 years in prison.
The misdemeanor charges carry potential sentences of up to one year in prison each.

Current status:

Hunter Biden has pleaded not guilty to all charges.
His attorney has called the charges “unprecedented and unconstitutional.” Those statements are fueled by the belief that all of the accusations against the President’s son are politically motivated.
A trial date has not yet been set.

Impact:

The latest indictment against Hunter Biden is likely to further fuel political debate.
Republicans are already calling for an investigation into whether President Biden was involved in his son’s business dealings. This is part of the Republican’s continuous efforts to create “moral equivalency” between Biden and Trump, and to exact revenge against the current President.
Democrats have defended Hunter Biden and accused Republicans of using the charges for political gain.

Further information: