Hunter Biden offers to enter Alford plea deal to avoid trial in his $1.4M tax evasion case

Previously, Hunter Biden had denied prosecutors’ allegations that he intentionally avoided paying $1.4 million in taxes between 2016 and 2019
UPDATED SEP 5, 2024
Hunter Biden has offered a plea change in his tax evasion case which, if accepted, can convict him early (Getty Images)
Hunter Biden has offered a plea change in his tax evasion case which, if accepted, can convict him early (Getty Images)

LOS ANGELES, CALIFORNIA: Hunter Biden has offered a surprise change in his not-guilty plea in the ongoing tax evasion case on Thursday, September 5, during a court hearing in Los Angeles.

The decision was made after his legal team informed the court that there was no reason to proceed with the scheduled jury selection in the criminal tax case.

Previously, President Joe Biden's son, Hunter Biden had denied prosecutors’ allegations that he intentionally avoided paying $1.4 million in taxes between 2016 and 2019. His new plea, if accepted, could bring an early conviction.

What is Hunter Biden’s Alford plea?

Abbe Lowell, Hunter Biden’s lawyer, proposed that the president's son enter an Alford plea. This allows a defendant to maintain their innocence while acknowledging that prosecutors have sufficient evidence to convict them.

ATLANTA, GA - JULY 22: Hunter Biden attends Usher's New Look Foundation - World Leadership Conferenc
Hunter Biden’s lawyer proposed that the president's son entered an Alford plea (Getty Images)

"The law is very clear. If the defendant satisfies rule 11b, the court is required to accept the plea,” Abbe Lowell told federal judge Mark Scarsi, according to CNBC News.

Lowell further stated that while there was “no agreement” with prosecutors, there was no requirement for such an agreement to accept the Alford plea.

Can Alford's plea lead to an early conviction of Hunter Biden in a tax evasion case?

More than 100 potential jurors were gathered on Thursday morning, September 5, in preparation for the trial when Hunter Biden’s legal team announced the plea change.

Lowell told the court, “There is no reason to proceed with jury selection as Mr Biden intends to change his plea.”  

President Joe Biden learned of his son Hunter Biden's conviction while getting ready to make a speech about gun violence (Getty Images)
President Joe Biden's son, Hunter Biden had denied prosecutors’ allegations that he intentionally avoided paying $1.4 million in taxes between 2016 and 2019(Getty Images)

Judge Mark Scarsi initially paused proceedings and kept the 125 potential jurors on standby, allowing the defense and prosecution to discuss the situation further.

The court is expected to reconvene at 2 pm ET to continue proceedings and, if Judge Scarsi accepts the plea, Hunter Biden would face conviction despite his claims of innocence, the publication noted.

Why did Hunter Biden offer a plea change in his tax evasion case? 

Abbe Lowell stated in court that the evidence against Hunter Biden is overwhelming.

As a result, Hunter Biden prefers to settle the case through a plea deal rather than proceeding with a second trial, especially since he was recently convicted of felony gun charges in a separate case just a few months ago, the Associated Press reported. 

WASHINGTON, DC - FEBRUARY 28: Hunter Biden arrives at the Thomas P. O'Neil Jr. House Office Building for a closed door deposition on February 28, 2024 in Washington DC. A mobile billboard sponsored by the Congressional Integrity Project circled the building during the deposition. The mobile billboard is calling on House Republicans to drop the impeachment inquiry of President Biden after their star witness Alexander Smirnov was charged with lying to the FBI and accusing him of being a Russian intelligence asset. (Photo by Jemal Countess/Getty Images for Congressional Integrity Project)
Hunter Biden prefers to settle the case through a plea deal rather than proceeding with a second trial, especially since he was recently convicted of felony gun charges in a separate case just a few months ago  (Jemal Countess/Getty Images for Congressional Integrity Project)

Hunter Biden’s legal troubles extend beyond his tax evasion case. He was found guilty in June after a trial in Delaware for crimes related to his purchase of a handgun in 2018 while using crack cocaine. He is awaiting sentencing in that case.

Will the prosecution agree to the change in plea?

The announcement came as a surprise to federal prosecutors. Leo Wise, the prosecutor handling the case, mentioned that the defense’s proposed Alford plea was unexpected.

“This is the first we’ve heard of this,” Wise said, asking for time to discuss the plea change privately with his team.

Despite the request, Lowell expressed confidence that the matter could be resolved swiftly.



 

"I think this can be resolved today. It doesn’t need days," he said, adding "It’s not a complicated issue.”

According to the Department of Justice guidelines, federal prosecutors are generally not permitted to consent to an Alford plea except in “the most unusual circumstances,” and such requests require higher-level approval, noted the publication. 

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