Top foreign agent criminal cases since 2016: Hunter Biden investigation.
Hunter Biden’s Foreign Business Dealings Raise Questions About FARA
Hunter Biden’s involvement in business dealings abroad has sparked controversy and raised concerns about the Foreign Agents Registration Act (FARA). This once dormant law saw a surge of high-profile violations during the Trump administration.
A federal judge in Delaware recently referenced FARA during a hearing, where she rejected a plea deal between Hunter Biden and U.S. Attorney David Weiss. The judge questioned whether the deal would protect Biden from potential future FARA charges.
Accusations of Influence Peddling and Bribery
Hunter Biden’s business ventures in Ukraine, China, and Romania while his father was in political office have led to accusations of “influence peddling” and bribery. These allegations have gained attention from various individuals and groups, including House Oversight Committee Chairman James Comer, Senator Chuck Grassley, America First Legal, professor Jonathan Turley, and IRS investigator Gary Shapley.
The Requirements of FARA
FARA mandates that individuals working as agents for a “foreign principal” must register with the Justice Department and disclose relevant records related to their work.
The language in the failed plea deal between Weiss and Hunter Biden lacked clarity regarding whether it would prevent future FARA charges. This discrepancy was evident in the differing opinions of Biden’s attorneys and prosecutors during the court proceedings.
Potential FARA Charges for Hunter Biden
Prosecutors highlighted Hunter Biden’s substantial earnings and extravagant spending, along with his failure to pay taxes. They specifically mentioned his income from Ukrainian energy company Burisma and a Chinese oil tycoon. Prosecutors argued that he could still face charges for failing to register with FARA, while Biden’s attorney objected.
The judge decided to postpone the plea deal, allowing the attorneys to revisit and file briefings on the matter in the coming weeks.
Prominent FARA Cases Since 2016
Since 2016, the Department of Justice has pursued several notable FARA cases:
- Paul Manafort, former campaign chairman for Donald Trump, pleaded guilty to FARA-related charges in 2018.
- Sam Patten, an associate of Manafort, pleaded guilty in a FARA case in 2018.
- Richard Gates, former deputy campaign manager for Trump, was indicted alongside Manafort in 2017 for FARA violations.
- Tom Barrack, a former Trump adviser, was charged in 2021 with violating FARA but was later acquitted.
- Matthew Grimes, a former assistant to Barrack, faced FARA charges but was acquitted.
- Michael Flynn, former Trump national security adviser, pleaded guilty to lying to the FBI and retroactively registered as a lobbyist for Turkey.
- Bijan Rafiekian, Flynn’s business partner, was convicted in 2019 for illegally lobbying for Turkey.
- Prakazrel “Pras” Michel, a Grammy-winning rapper, was found guilty of FARA-related violations.
- Gal Luft, a potential witness in the Biden family investigation, was indicted for acting as an unregistered agent of China-based principals.
- George Papadopoulos, an unpaid Trump foreign policy adviser, pleaded guilty to lying to the FBI and claimed he was threatened with FARA charges.
These cases demonstrate the increased enforcement of FARA by the Department of Justice, particularly following the DOJ OIG report and Robert Mueller’s investigation.
It is clear that FARA remains a significant legal consideration for individuals engaged in foreign business activities, as evidenced by the ongoing scrutiny surrounding Hunter Biden’s dealings.
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