If Hunter Biden is not charged, we will undoubtably hear from those who believe the fix is in. BarbMcQuade explains the many reasons why this case is far from simple.
That difference can be particularly important in a tax case, one of the rare offenses that require the highest standard of intent: willfulness. In such cases, it is not enough to prove an individual knowingly engaged in prohibited conduct. Prosecutors must also prove that the person knew their conduct was illegal. This is a different standard from the normal rule that ignorance of the law is no excuse.
In Hunter Biden’s case, it would be necessary to show that he was aware that his conduct violated the tax code, which, for many of us, can require tax preparers and accountants to sort through it. Perhaps that showing can be made easily in this case based on the evidence that has already been acquired. But I have sometimes found myself at odds with investigators who think they have built a solid case, only to have to explain to them that the law requires something more.
Certainly, enforcing the nation’s tax laws are an important federal interest. If people are permitted to evade taxes, then our government will lack sufficient revenue to operate effectively. Prosecuting tax offenders is important to deter others from engaging in similar conduct. But in the tax realm, tax offenses are often handled through administrative or civil processes.
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