Hunter Biden's apparent no-jail plea deal is 'far from standard operating procedure,' former prosecutor says

• Hunter Biden's plea deal with federal prosecutors is "far from standard operating procedure," a legal expert said.
• The president's son has agreed to plead guilty to two criminal misdemeanors of failing to pay income tax.

Hunter Biden's plea deal with federal prosecutors that would likely allow the son of President Joe Biden to dodge time behind bars is "far from standard operating procedure," according to a legal expert.

It was revealed in court papers filed on Tuesday that Hunter Biden has agreed to plead guilty to two criminal misdemeanors of failing to pay income tax in 2017 and 2018. The charges carry a maximum prison sentence of up to 12 months each.

He is also facing a separate felony gun charge for illegal possession of a firearm by a person prohibited, but could avoid prosecution on that charge and potentially have it dismissed as part of the agreement with the Justice Department.

Prosecutors plan to recommend a probation sentence for the tax crimes, according to multiple news outlets, including the Associated Press and The Washington Post — meaning Hunter Biden wouldn't serve time in prison on the charges.

The nature of Hunter Biden's agreement with prosecutors — which still has to be approved by a federal judge — is "not totally unheard of," but is also "not standard operating procedure," defense attorney and former Brooklyn prosecutor Arthur Aidala told Insider.

Typically in tax-related criminal cases, Aidala said, prosecutors recommend "some sort of incarceration for what's called general deterrence, even if they're assured that this individual is not going to commit these crimes again."

Prosecutors "want to send word out there that you better not cheat on your taxes, you better not fail to pay your taxes, because if you do, you're going to go to jail," Aidala said. "So that's why they're typically heavy-handed when it comes to any form of taxes."

Aidala — who has been the defense lawyer for high-profile clients including Ghislaine Maxwell and Harvey Weinstein — called it "rare" to have a plea deal on the table in a federal criminal case even before an arrest or indictment.

In the dozens of federal cases he's been involved in, Aidala said he's only seen this happen once or twice.

"It's just not the way it's normally done," he said, adding, "This whole thing is not being handled the way a case would typically be handled."

The federal charges against Hunter Biden stem from a years-long investigation by Delaware US attorney David Weiss, who was appointed by former President Donald Trump.

Hunter Biden reportedly failed to pay around $1.2 million in taxes, but his attorneys say he has already paid back what he owed to the IRS.

"A million dollars is not a small tax debt," noted Mark Bederow, a defense attorney and former Manhattan prosecutor.

"The decision was made to try it criminally, so you do have to wonder if it was Joe Schmo off the street, who evaded up to a million dollars in taxes or whatever the amount was, if he would get the same deal," Bederow told Insider.

Bederow, who called Hunter Biden's reported full payment back to the IRS a "significant factor," added that it's "fair" to question whether Hunter Biden received special treatment in the case.

Still, Bederow said, "Nobody's getting substantial [prison] time" for what Hunter Biden will ultimately plead guilty to.

Trump and other Republican lawmakers were quick to slam the plea agreement as a "mere 'traffic ticket'" and a "slap on the wrist."

Weiss' office said in a statement on Tuesday that Hunter Biden "received taxable income in excess of $1,500,000 annually in calendar years 2017 and 2018. Despite owing in excess of $100,000 in federal income taxes each year, he did not pay the income tax due for either year."

In relation to the gun charge, Weiss' office said "from on or about October 12, 2018, through October 23, 2018, Hunter Biden possessed a firearm despite knowing he was an unlawful user of and addicted to a controlled substance."

Hunter Biden has been open about his years-long struggles with alcohol and drug addiction.

The gun charge carries a maximum sentence of 10 years in prison. However, Hunter Biden agreed to enter a pretrial diversion program for that charge, meaning the charge will be dropped as long as he follows the conditions of the agreement.

"At the end of the day, at least for now, Hunter Biden will be a convicted tax cheat," said Bederow. "So in that sense, it's not good for him."