Could Hunter Biden face charges before 2022 midterm elections?

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Could Hunter Biden face charges before 2022 midterm elections?
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Tax fraud convictions are exceedingly rare. But when they are tried, they typically end in the government's favor.

, will face charges ahead of the midterm elections—or if they will result in significant jail time—is a different story.

Hunter Biden arrives at the inauguration of President-elect Joe Biden at the U.S. Capitol on January 20, 2021. The president's son has been the focus of a federal investigation into his overseas business dealings and could face charges related to tax crimes and a false statement concerning a gun purchase, a report said this week.

Particularly noteworthy is that federal tax evasion charges—like those Biden likely faces—are exceedingly rare. In 2021, the U.S. Sentencing Commission reported that just 370 tax fraud offenders were sentenced under federal guidelines, a 38 percent decrease since 2017. "In most cases, the IRS does not press charges," said E. Martin Davidoff, the head of the national tax controversy practice at the accounting firm Prager Metis."There are tens of thousands of audits that don't turn criminal—they choose to make their examples. You can have severe situations in which each prosecutor has discretion."

With the exception of cases featuring a figure the federal government wants to make an example of—like famed gangster Al Capone or notorious American businesswoman Leona Helmsley in the late 1980s—the prosecution of most federal tax fraud cases is typically handled with relative discretion. That's particularly the case if the defendant is guilty and looking to avoid a public trial.

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