The Ukrainian energy corporation Burisma, where President Joe Biden’s son, Hunter Biden, was once a well-compensated board member, has recently become the focus of renewed scrutiny amidst an ongoing impeachment inquiry spearheaded by Republicans. This past week, Burisma enlisted the services of a New York-based law firm and formally registered as a foreign agent. While this move is anticipated to stir up the political landscape, it must be noted that the company’s move to register is linked to activities transacted back in 2016.
Details of the engagement were made public through the federal government’s Foreign Agent Registration Act database. Natalie Winters of The National Pulse brought attention to the matter through the X platform, highlighting an array of screenshots from the filings. Republicans have been fairly vocal in their suspicion of Hunter Biden’s involvement; Winters even suggested it could be seen as evidence for accusations that Hunter Biden violated the Foreign Agent Registration Act (FARA), but definitive proof is still absent.
According to Winters, the enlisted law firm, Cravath, Swaine & Moore, was initially engaged to ward off an investigation from the Obama administration. High-level confabs were supposedly conducted with eminent officials including Marie Yovanovitch, a notable witness in the anti-Trump impeachment proceedings. Winters provocatively asked if Hunter Biden would face a situation akin to Rudy Giuliani.
The filed documents shed some light on Burisma’s legal situation. Mr. Buretta, Burisma’s lawyer, was hired in January 2016 to represent Mykola Zlochevsky, a key player in the company, against potential U.S. government investigations. The scope of the representation was later expanded to encompass Burisma Holdings Limited and included investigations in Ukraine that continued up to April 2017.
The legal relationship between Burisma and its lawyer was governed by the same engagement letter used with Mykola Zlochevsky. The filing notes that the representation covered both ‘registrable and non-registrable activities’, emphasizing the complexity of the case.
Fast-forward to 2022, special counsel John Durham decided to expand his prosecutorial team; one of the additions was Adam Small, a seasoned trial attorney with extensive experience in prosecuting cases related to the Espionage Act, FARA violations, wire fraud, money laundering, and cybercrime. Information from Small’s LinkedIn profile indicates that he has diligently served the United States Department of Justice, investigating and prosecuting crimes involving various acts, including FARA, export control, and state-sponsored cyber intrusions.
In September, the Republican-led House Weighs and Means Committee released several pivotal documents just as the impeachment inquiry against President Joe Biden was set to begin. One document appeared to lend consistency to speculations that the FBI and the IRS were investigating potential FARA violations involving Hunter Biden, particularly around lobbying for foreign entities.
A key piece of the timeline was in August 2020, when Delaware Assistant US Attorney Lisa Wolfe sent a message to agents indicating a focus on ‘FARA evidence only.’ Interestingly, the email also had a subtext suggesting the Justice Department prosecutors effectively limiting the span of investigations on Hunter Biden; this included removing traces of Joe Biden’s involvement.
As reported by USA Today, Hunter Biden, who was already encumbered by charges related to firearms and an ongoing tax investigation, faced the possibility of being charged on grounds of not registering as a ‘foreign agent’ while collaborating with businesses in Ukraine and China.
In the whirlwind of these events, the Justice Department has been recalibrating its approach towards enforcing FARA. They are re-examining the necessity for people to disclose any lobbying work they’ve done for foreign governments aiming to influence U.S policies. The reporting further mentioned an Inspector General’s report that declared enforcement of the law being ‘rare’ and mostly asking non-compliers to register retroactively as foreign agents.
In the current polarized atmosphere, special counsel David Weiss is determining whether Hunter Biden should have reported his international activities. Congressional Republicans insist that Biden is being treated preferentially due to his familial status. On a related note, Abbe Lowell, one of Hunter Biden’s legal representatives, had previously accomplished an acquittal of another defendant accused of acting as a foreign agent.
Given the intrigue around the correlation between Hunter Biden’s past board membership at Burisma and the allegations associated with FARA, the legal and political implications are immense. Republicans are employing a microscope to delve into these allegations, striving to uncover any substantive infringement that might have occurred.
While definitive evidence and a conclusive ruling are yet to emerge, the current situation amplifies the need for clear and indisputable rules for political and corporate connections, especially when it connects to foreign powers. As the investigation intensifies, the outcome may hold resounding implications not only for Hunter Biden but also for the wider political and regulatory landscape.
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