Managing Partner Kevin E. Thorn Interviewed Following Announcement of Hunter Biden Guilty Plea
Kevin E. Thorn, Managing Partner of Thorn Law Group, was recently interviewed on Fox 5 following the announcement that Hunter Biden will plead guilty to misdemeanor tax charges. During the interview, Mr. Thorn shared his insights into the process behind the government’s plea deal negotiations and the factors that will go into the judge’s decision of whether to approve the deal.
Despite Biden’s Plea Deal, the Government’s True Tax Loss Remains Unknown
On June 20, 2023, the U.S. Department of Justice acknowledged that it had entered into a plea deal with Hunter Biden in relation to allegations that Biden had failed to pay federal income tax in 2017 and 2018. While reports indicate that Biden admitted to failing to pay “more than $100,000 in taxes on over $1.5 million in income in both 2017 and 2018,” as Mr. Thorn noted in the interview, the true extent of the government’s tax loss has not been disclosed to the public.
As Mr. Thorn also noted during the interview, this could be a significant factor in the judge’s decision on whether to approve the deal. While federal judges rarely reject plea deals negotiated by the DOJ, judges must consider the Federal Sentencing Guidelines when making their decisions, and in federal tax fraud and tax evasion cases, the government’s tax loss is a key consideration. While approval of the deal is likely, the deal—which reportedly allows Biden to avoid prison time—is “abnormal” according to Mr. Thorn, as tax losses exceeding $100,000 will result in prison time in many cases.
Did Hunter Biden Receive a “Sweetheart” Deal Because He is the President’s Son?
Although there are questions about whether Biden received a “sweetheart” deal as a result of being the President’s son, Mr. Thorn stated during the interview that Biden’s relationship to the President should not be a factor in either the DOJ’s or the judge’s decision-making processes. As the interviewer also noted, the U.S. Attorney overseeing the case was appointed by former President Trump. Ultimately, the plea deal provides the DOJ with a guaranteed high-profile win, and it saves taxpayers the expense of what would have likely been a time-consuming and costly trial. These factors likely contributed to the DOJ’s decision to accept the plea.
In deciding whether to approve the plea, Mr. Thorn noted that the judge will consider a variety of factors in addition to the government’s tax loss and the Federal Sentencing Guidelines. These include Biden’s cooperation during the government’s investigation as well as his acknowledged drug use. Both of these factors weigh against harsh sentencing.
Contact Tax Attorney Kevin E. Thorn, Managing Partner of Thorn Law Group in Washington D.C.
Tax attorney Kevin E. Thorn, Managing Partner of Thorn Law Group in Washington D.C., has well over a decade of experience representing clients in high-stakes federal tax controversies. If you would like to speak with Mr. Thorn, please call 202-349-4033 or contact us online today.