Hunter Biden is indicted on 9 tax charges in a special counsel investigation

Lawyer Blog Post 2023/12/08 12:41   Bookmark and Share
Hunter Biden was indicted on nine tax charges in California as a special counsel investigation into the business dealings of President Joe Biden’s son intensifies against the backdrop of the 2024 election.

The new charges filed Thursday — three felonies and six misdemeanors — are in addition to federal firearms charges in Delaware alleging Hunter Biden broke laws against drug users having guns in 2018. They come after the implosion of a plea deal over the summer that would have spared him jail time, putting the case on track to a possible trial as his father campaigns for reelection.

Hunter Biden “spent millions of dollars on an extravagant lifestyle rather than paying his tax bills,” special counsel David Weiss said in a statement. The charges are centered on at least $1.4 million in taxes Hunter Biden owed during between 2016 and 2019, a period where he has acknowledged struggling with addiction. The back taxes have since been paid.

If convicted, Hunter Biden, 53, could a maximum of 17 years in prison. The special counsel probe remains open, Weiss said.

In a fiery response, defense attorney Abbe Lowell accused Weiss of “bowing to Republican pressure” in the case.

“Based on the facts and the law, if Hunter’s last name was anything other than Biden, the charges in Delaware, and now California, would not have been brought,” Lowell said in a statement.

The White House declined to comment on Thursday’s indictment, referring questions to the Justice Department or Hunter Biden’s personal representatives.

The charging documents filed in California, where he lives, detail spending on drugs, strippers, luxury hotels and exotic cars, “in short, everything but his taxes,” prosecutor Leo Wise wrote.

The indictment comes as congressional Republicans pursue an impeachment inquiry into President Biden, claiming he was engaged in an influence-peddling scheme with his son. The House is expected to vote next week on formally authorizing the inquiry.

No evidence has emerged so far to prove that Joe Biden, in his current or previous office, abused his role or accepted bribes, though questions have arisen about the ethics surrounding the Biden family’s international business.

The separate, long-running criminal investigation into Hunter Biden had been expected to wind down with a plea deal where he would have gotten two years’ probation after pleading guilty to misdemeanor tax charges and avoided prosecution on the gun charge if he stayed out of trouble.

The agreement was pilloried as a “sweetheart deal” by Republicans, including former President Donald Trump. Trump is facing his own criminal cases, including charges that he plotted to overturn the results of the 2020 election, which he lost to Biden, a Democrat.

Rep. James Comer, R-Ky., the chairman of the House Oversight Committee, gave credit for the new charges Thursday to two IRS investigators who testified before Congress that the Justice Department had mishandled and “slow walked” the investigation into the president’s son. Justice officials have denied those allegations.

The two IRS employees, Gary Shapley and Joseph Ziegler, said the indictment was “a complete vindication of our thorough investigation.”

The new charges against Hunter Biden include filing a false return and tax evasion felonies, as well as misdemeanor failure to file and failure to pay.

The defense signaled that it plans to fight the new charges, likely at least in part relying on immunity provisions from the original plea deal. Defense attorneys have argued those remain in force since that part of the agreement was signed by a prosecutor before the deal was scrapped.
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Donald Trump testifies in civil fraud trial. Follow the latest updates

Lawyer Blog Post 2023/11/06 15:21   Bookmark and Share
Former President Donald Trump vigorously defended his wealth and business on Monday, tangling from the witness stand with the judge overseeing his civil fraud trial and denouncing as a “political witch hunt” a lawsuit accusing him of dramatically inflating his net worth.

Trump’s long-awaited testimony about property valuations and financial statements was punctuated by personal jabs at a judge he said was biased against him and at the New York attorney general, whom he derided as a “political hack.” He proudly boasted of his real estate business — “I’m worth billions of dollars more than the financial statements” — and disputed claims that he had deceived banks and insurers.

“This is the opposite of fraud,” he declared. Referring to New York Attorney General Letitia James, a Democrat whose office brought the lawsuit, he said, “The fraud is her.”

The testy exchanges, and frequent rebukes from the judge, underscored Trump’s unwillingness to adapt his famously freewheeling rhetorical style to a formal courtroom setting governed by rules of evidence and legal protocol. But while his presence on the stand was a vivid reminder of the legal troubles he faces as he vies to reclaim the White House in 2024, it also functioned as a campaign platform for the former president and leading Republican presidential candidate to raise anew to supporters his claims of political persecution at the hands of government lawyers and judges.

“People are sick and tired of what’s happening. I think it is a very sad say for America,” Trump told reporters outside the courtroom after roughly three-and-a-half hours on the stand.

Trump’s testimony got off to a contentious start Monday, with state Judge Arthur Engoron admonishing him to keep his answers concise and reminding him that “this is not a political rally.”

Turning to Trump’s attorney at one point, the judge said, “I beseech you to control him if you can. If you can’t, I will.” The civil trial is one of numerous legal proceedings Trump is confronting, including federal and state charges accusing him of crimes including illegally hoarding classified documents and scheming to overturn the 2020 presidential election. His legal and political strategies have now become completely intertwined as he hopscotches between campaign events and court hearings, a schedule that will only intensify once his criminal trials begin.

Though the fraud case doesn’t carry the prospect of prison as the criminal prosecutions do, its allegations of financial impropriety cut to the heart of the brand he spent decades crafting. The suggestion that Trump is worth less than he’s claimed has been interpreted by him as a cutting insult.
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Rep. George Santos’ former campaign treasurer will plead guilty to a federal felony

Lawyer Blog Post 2023/10/05 10:52   Bookmark and Share
The ex-campaign treasurer for U.S. Rep. George Santos is scheduled to enter a guilty plea to an unspecified felony in connection with the sprawling federal investigation of financial irregularities surrounding the indicted New York Republican, prosecutors say.

Nancy Marks is a veteran Long Island political operative. Marks served as the campaign treasurer and close aide to Santos during his two congressional bids. Marks resigned amid growing questions about Santos’ campaign finances and revelations Santos had fabricated much of his life story.

Marks’ plea is scheduled to take place in a Central Islip courtroom on Thursday afternoon. It comes as Santos faces a 13-count federal indictment centered on charges of money laundering and lying to Congress in an earlier financial disclosure.

The investigation of the first-term congressman has also engulfed Marks, a key behind-the-scenes figure in Long Island Republican politics who built a business as a treasurer and consultant to dozens of local, state and federal candidates.

Marks has faced questions about the congressman’s unusual campaign filings, including a series of $199.99 expenses, just below the legal limit for disclosure. Santos, in turn, has sought to pin the blame for his unexplained finances on Marks, who he claims “went rogue” without his knowledge.

Any deal with prosecutors that requires Marks to testify in the case against Santos could be a severe blow to the Republican, who faces charges that he embezzled money from his campaign, lied in financial disclosures submitted to Congress and received unemployment funds when he wasn’t eligible.

While Santos has admitted fabricating key parts about his purported background as a wealthy, well-educated businessman, questions remain about what he did for work, as well as the true source of more than $700,000 he initially claimed to have loaned his campaign from his own personal fortune.

Santos has pleaded not guilty to charges he duped donors, stole from his campaign and lied to Congress about being a millionaire, all while cheating to collect unemployment benefits he didn’t deserve. He has defied calls to resign.

A formal complaint filed by the Campaign Legal Center with the Federal Election Committee alleges that unknown groups may have illegally funneled money into the Santos campaign. The complaint, filed last January, named Marks along with Santos.
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5 former officers charged with federal civil rights violations

Lawyer Blog Post 2023/09/18 12:08   Bookmark and Share
Five former Memphis police officers were charged Tuesday with federal civil rights violations in the beating death of Tyre Nichols as they continue to fight second-degree murder charges in state courts arising from the killing.

Tadarrius Bean, Desmond Mills, Demetrius Haley, Emmitt Martin and Justin Smith were indicted in U.S. District Court in Memphis. The four-count indictment charges them with deprivation of rights under the color of law through excessive force and failure to intervene, and through deliberate indifference; conspiracy to witness tampering; and obstruction of justice through witness tampering.

The charges come nine months after the violent beating during a Jan. 7 traffic stop near Nichols’ Memphis home, in which they punched, kicked and slugged the 29-year-old with a baton as he yelled for his mother. Nichols died at a hospital three days later. The five former officers, all Black like Nichols, have pleaded not guilty to state charges of second-degree murder and other alleged offenses in the case.

“We all heard Mr. Nichols cry out for his mother and say ‘I’m just trying to go home,’” Attorney General Merrick Garland said in a video statement after the indictment. “Tyre Nichols should be alive today.”

U.S. Attorney Kevin Ritz in West Tennessee said at an afternoon news briefing that the state and federal cases are on separate tracks. Ritz declined to predict how quickly they would proceed.

Kristen Clarke, who leads the U.S. Department of Justice’s civil rights division, said at the appearance that the five former officers used excessive force, failed to advise medical personnel about Nichols’ injuries and conspired to cover up their misconduct.

“In our country, no one is above the law,” she said, adding she met earlier Tuesday with Nichols’ mother and stepfather. Caught on police video, the Nichols beating was one in a string of violent encounters between police and Black people that sparked protests and renewed debate about police brutality and police reform in the U.S.

Nichols’ mother, RowVaughn Wells, said she was surprised that the federal charges “happened so quickly.” The investigation that led to the indictment was announced in the weeks after the Jan. 7 beating death.
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New Supreme Court Fellows Begin Term

Lawyer Blog Post 2023/09/04 11:37   Bookmark and Share

Four new U.S. Supreme Court Fellows will begin their 2023-2024 fellowships in September.

Jose D. Vazquez joins the program from the U.S. Court of Appeals for the Eleventh Circuit, where he clerked for Judge Adalberto J. Jordan. He is assigned to the Administrative Office of the U.S. Courts, an agency within the judicial branch that provides a broad range of management and administrative support to the federal courts. Vazquez previously clerked for Judge Jacqueline Becerra, of the U.S. District Court for the Southern District of Florida.

Victoria K. Nickol is assigned to the Supreme Court’s Office of the Counselor to the Chief Justice. She has served as a law clerk for Judge Donald W. Molloy, of the U.S. District Court for the District of Montana, and as a law clerk for Judge Sidney R. Thomas, of the U.S. Court of Appeals for the Ninth Circuit.

Adam J. Kuegler joins the program from the U.S. District Court for the District of Connecticut, where he clerked for Judge Sarala V. Nagala. He is assigned to the Federal Judicial Center, which is the education and research agency for the federal courts.

Viviana I. Vasiu joins the program from the U.S. District Court for the Southern District of New York, where she clerked for Judge Gregory H. Woods. She is assigned to the U.S. Sentencing Commission, the agency responsible for establishing sentencing policies and practices for the federal courts. Vasiu previously clerked for Magistrate Judge Anthony E. Porcelli, of the U.S. District Court for the Middle District of Florida.

The Supreme Court Fellows Program, established by the late Chief Justice Warren E. Burger in 1973, provides participants the opportunity to gain a greater understanding of the federal Judiciary. Fellows work alongside top officials in the judicial branch on projects that further the goals of the Judiciary.

In the words of Chief Justice John G. Roberts, Jr., the program offers “a unique opportunity for exceptional individuals to contribute to the administration of justice at the national level.”

The fellows are selected by a commission composed of nine members selected by the Chief Justice. Additional background information on each of the 2023-2024 Supreme Court Fellows and the program’s history is available online.

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Texas is using disaster declarations to install buoys and razor wire

Lawyer Blog Post 2023/07/25 10:54   Bookmark and Share
Wrecking ball-sized buoys on the Rio Grande. Razor wire strung across private property without permission. Bulldozers changing the very terrain of America’s southern border.

For more than two years, Texas Republican Gov. Greg Abbott has escalated measures to keep migrants from entering the U.S., pushing legal boundaries with a go-it-alone bravado along the state’s 1,200-mile (1,930-kilometer) border with Mexico. Now blowback over the tactics is widening, including from within Texas.

A state trooper’s account of officers denying migrants water in 100-degree Fahrenheit (37.7 Celsius) temperatures and razor wire leaving asylum-seekers bloodied has prompted renewed criticism. The Mexican government, some Texas residents along the border and the Biden administration are pushing back. On Monday, the U.S. Justice Department sued Abbott over the buoy barrier that it says raises humanitarian and environmental concerns, asking a federal court to require Texas to dismantle it.

bbott, who cruised to a third term in November while promising tougher border crackdowns, has used disaster declarations as the legal bedrock for some measures.

Critics call that a warped view. “There are so many ways that what Texas is doing right now is just flagrantly illegal,” said David Donatti, an attorney for the Texas American Civil Liberties Union.

Abbott did not respond to requests for comment. He has repeatedly attacked President Joe Biden’s border policies, tweeting Friday that they “encourage migrants to risk their lives crossing illegally through the Rio Grande, instead of safely and legally over a bridge.”

The Biden administration has said illegal border crossings have declined significantly since new immigration rules took effect in May.
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