Hunter Biden, the son of President Joe Biden, has agreed to plead guilty to 2 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 reference to a federal felony charge of possession of a gun by a one who is a user or addict of illegal drugs, in accordance with 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 time frame.
Hunter’s initial court appearance within the case has not yet been scheduled, his defense attorney Chris Clark told CNBC.
NBC News, citing two sources conversant in Hunter’s plea deal, said that U.S. Attorney for Delaware David Weiss agreed to recommend to a judge that the 53-year-old Malibu, California, resident receive a sentence of probation for the tax crimes.
Weiss was appointed to his post by then-President Donald Trump, and was allowed to stay in that position after Joe Biden’s election to proceed what has been a five-year criminal investigation of the president’s son.
Weiss has filed two charging documents, referred to as informations, against Hunter — one for each tax crimes, and one for the firearm charge.
Prosecutors routinely use an information to charge defendants who’ve agreed to plead guilty.
The knowledge charging Hunter with two tax crimes says that in each 2017 and 2018, he had taxable income in excess of $1.5 million, but didn’t pay income tax for either of those years. Hunter owed the IRS greater than $100,000 in taxes for every of those years, in accordance with the filing.
The tax charges have a maximum possible sentence of 12 months in prison.
Hunter, who for years has struggled with substance abuse, in 2022 paid federal income taxes he had didn’t previously pay for 2017 and 2018. That move was seen as a part of an effort to limit his possibilities of being criminally charged within the case, and to limit any possible sentence if he was charged.
The knowledge on the gun charge says that in an 11-day period in October 2018, Hunter possessed a Colt Cobra .38-caliber revolver “despite knowing he was an illegal user of and hooked on a controlled substance.”
The utmost 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 didn’t elaborate.
A memorandum summarizing the terms of Hunter’s plea agreement and details of the pretrial diversion deal will likely be publicly filed by the point 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.
White House spokesman Ian Sams in a press release to NBC News in regards to 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 may have no further comment.”
Clark, Hunter’s criminal defense lawyer, in a press release, said, “With the announcement of two agreements between my client, Hunter Biden, and the US Attorney’s Office for the District of Delaware, it’s my understanding that the five-year investigation into Hunter is resolved.”
“Hunter will take responsibility for 2 instances of misdemeanor failure to file tax payments when due pursuant to a plea agreement,” Clark said.
“A firearm charge, which will likely be subject to a pretrial diversion agreement and is not going to be the topic of the plea agreement, will even be filed by the Government,” he said.
“I do know Hunter believes it will be significant 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 greater 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 tons of of years of criminal liability by giving Hunter Biden a mere “traffic ticket,’ ” Trump wrote.
“Our system is BROKEN!” added Trump, who’s searching for the 2024 Republican presidential nomination.
Trump later wrote on Truth Social: “Persons are going wild over the Hunter Biden Scam with the DOJ!”
Rep. James Comer, the Kentucky Republican who’s chairman of the House Committee on Oversight and Accountability, also criticized the plea agreement, and vowed to proceed his panel’s probe of Hunter’s overseas business dealings and a purported bribery scheme involving President Biden.
“Let’s be clear: the Department of Justice’s charges against President Biden’s son Hunter reveal a two-tiered system of justice,” Comer said in a press release.
“Hunter Biden is getting away with a slap on the wrist when growing evidence uncovered by the House Oversight Committee reveals the Bidens engaged in a pattern of corruption, influence peddling, and possibly bribery,” Comer said.
“These charges against Hunter Biden and sweetheart plea deal haven’t any impact on the Oversight Committee’s investigation. We is not going to rest until the complete extent of President Biden’s involvement within the family’s schemes are revealed.”