The legal issues of Democrat presidential candidate and former Vice President Joe Biden’s son Hunter Biden has been a major talking point for this election season.
And it does not appear to be going away as Hunter’s former business partner just had his conviction reinstated by a federal court, The Western Journal reported.
A federal appeals court reinstated the securities fraud and conspiracies conviction of Hunter Biden’s former business partner on Wednesday, reversing a decision made last year by a lower-court judge.
The U.S. Court of Appeals for the Second Circuit ruled that Devon Archer “knew at least the general nature and extent of the scheme and intended to bring about its success,” The Wall Street Journal reported.
The scheme defrauded the Oglala Sioux Indian tribe out of the proceeds of $60 million in bonds. Prosecutors argued that the proceeds were misused by Archer and others.
The two were business partners and, starting in 2014, both had served on the board of Ukrainian natural gas company Burisma Holdings Ltd.
The testimony in the trial showed that Biden’s name was used to gain legitimacy by his former partner, but Hunter did not know of the scheme.
And it is important to note that the federal prosecutors did not say that Hunter Biden had any knowledge of the scheme.
But the scam was committed under a larger business venture that Hunter Biden was involved in and, when Hunter learned of the scheme, he cut ties with perpetrators.
“As the experienced federal judge who presided over Mr. Archer’s month-long trial determined, he ‘lacked the requisite intent’ and is thus innocent of the crimes charged,” Archer’s attorney, Matthew L. Schwartz, said.
“Yesterday’s ruling, which second-guesses that judge’s decision without having sat through the evidence and listened to the witnesses, is beyond disappointing,” he said.
Archer and two partners were convicted in 2018 of committing securities fraud and conspiracy to commit securities fraud.
The decision was overturned by Judge Ronnie Abrams of the Southern District of New York five months after it was decided.
Prosecutors said that the defendants pressured the Native American tribe to give $60 million in economic-development bonds but then they used the monies from those bonds for their own use and did not invest it for the benefit Wakpamni Lake Community.
Those who invested were also informed of the potential conflicts of interest “that riddled the transactions” which included the investment adviser’s connection to pressure them to issue the bonds.
Hunter Biden, and his dad, have faced scrutiny due to Hunter’s position on the board of Burisma, but Joe Biden has defended his son.
“My son did nothing wrong. I did nothing wrong,” he said during a Democrat primary debate in October 2019. “I carried out the policy of the United States in rooting out corruption in Ukraine.”
“What I think is important is we focus on why it’s so important to remove this man from office,” he said of President Trump, NPR reported. “This president on three occasions, three occasions, has invited foreign governments and heads of government to get engaged in trying to alter our elections. The fact is that it is outrageous.”