LOS ANGELES — An attorney for Hunter Biden said the president’s son would plead guilty on Thursday morning just moments before prospective jurors were to be summoned into the Los Angeles courtroom where his federal trial on tax charges was scheduled to begin.
The president’s son arrived at the courthouse shortly before jury selection was set to begin alongside his wife, Melissa Cohen Biden. When U.S. Judge Mark Scarsi entered court into session, Abbe Lowell, an attorney for Biden announced his intention to change his plea and said there was no need to move forward with jury selection.
Court is now in recess until 11am PT for the parties to discuss the change of plea.
Jury selection is set to begin in Hunter Biden’s federal tax trial just months after the president’s son was convicted of gun charges in a separate case.
Prosecutors alleged that Hunter Biden had engaged in a four-year scheme to avoid paying $1.4 million in taxes while spending hundreds of thousands of dollars on exotic cars, clothing, escorts, drugs, and luxury hotels. He had originally pleaded not guilty to a nine-count indictment that includes six misdemeanor charges of failure to pay, plus a felony tax evasion charge and two felony charges of filing false returns.
All back taxes and penalties were eventually paid in full by a third party, identified by ABC News as Hunter Biden confidant Kevin Morris.
Thursday’s court appearance comes three months after Hunter Biden was convicted by a Delaware jury on three felony charges related to his purchase of a firearm in 2018 while allegedly addicted to drugs. His sentencing in that case is scheduled for Nov. 13.
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Hunter Biden, right, and his wife Melissa Cohen Biden, arrive in federal court for jury selection for his trial on felony tax charges Thursday, Sept. 5, 2024, in Los Angeles.
AP Photo/Jae C. Hong
What do prosecutors allege?
In their 56-page indictment, prosecutors alleged that Hunter Biden willfully avoided paying taxes by subverting his company’s own payroll system, that he failed to pay his taxes on time despite having the money to do so, and that he included false information in his 2018 tax returns.
“[T]he defendant spent this money on drugs, escorts and girlfriends, luxury hotels and rental properties, exotic cars, clothing, and other items of a personal nature, in short, everything but his taxes,” the indictment alleged.
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Prosecutors also highlighted millions of dollars that Hunter Biden received from overseas business in Ukraine, China, and Romania in exchange for “almost no work.”
Although Hunter Biden eventually paid back all his back taxes and penalties with the help of a third party, Judge Scarsi blocked defense attorneys from introducing that information to the jury.
“Evidence of late payment here is irrelevant to Mr. Biden’s state of mind at the time he allegedly committed the charged crimes,” Scarsi wrote in an order last week.
Why is this going to trial?
Last June, Hunter Biden agreed to plead guilty to two misdemeanor offenses, acknowledging that he failed to pay taxes on income he received in 2017 and 2018. The deal also allowed him to enter into a pretrial diversion agreement to avoid criminal charges related to his 2018 firearm purchase.
Had the deal worked out, Hunter Biden would have likely faced probation for the tax offenses and had his gun charge dropped if he adhered to the terms of his diversion agreement.
However, the plea deal fell apart during a contentious hearing before U.S. District Judge Maryellen Noreika, who took issue with the structure of the deal.
By September, special counsel David Weiss had unsealed an indictment in Delaware charging Hunter Biden for lying on a federal form when he purchased a firearm in 2018.
The federal indictment in Los Angeles for the tax crimes followed in December.
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