Below my column in the New York Post is the consequences of a recent civil lawsuit against Steve Wayne accused of working as an agent for China. The lawsuit was filed under the Foreign Representatives Registration Act. Given Hunter Biden’s ongoing investigation into possible FARA violations, the timing of the shift to civil penalties is significant. The Biden government’s decision to drop criminal charges under the FARA could be very beneficial to Hunter Biden.
Here is the column:
The Justice Department this week sued former casino giant Steve Wayne on charges of working as an agent for China. Complaints under the Foreign Delegation Act are bad news for Vienna, but it may be a victory for another potential goal: Hunter Biden.
The Justice Department may have questioned Hunter Biden’s foreign deal in the ongoing investigation into David Weiss, Delaware’s US attorney, by filing the lawsuit as a civil lawsuit. The lawsuit does not necessarily deter Weiss, but Tim Biden can now argue that his criminal charge of violating FARA is inconsistent with contemporary investigations.
I Has testified recently In the FARA prosecution, he noted that the Department of Justice has largely waived civil action under the law in favor of criminal charges. Special Investigator Robert Mueller targeted Trump officials using the law to investigate, search for, or prosecute lawyers, from Paul Manafort to Rudy Giuliani and Victoria Tunning.
I have already testified that “after the escalation of prosecution in the last decade, the Ministry of Justice has established a record of criminalizing what was previously considered administrative misconduct. From Manafort Bridge to Hunter Biden’s current investigation, there are questions as to whether the Department of Justice will operate under a single, coherent and predictable standard.
Some in the government may hope that this accusation will lead to a coherent approach Effectively Decriminalize any violations under investigation in Delaware.
The Federal Reserve has sued Vienna for trying to interfere in the case of a Chinese businessman گوا ونگویA wealthy billionaire and critic of the Chinese government. Beijing demanded the businessman return to China and hoped to persuade the US government to refuse the visa.
Wayne spoke to President Donald Trump about the case, a call that weighed more heavily on Vienna’s position as chairman of the Republican National Committee.
Vienna has interests in Macau, and his intervention has apparently been praised by high-ranking Chinese officials. The Ministry of Justice asked Vienna to register as a representative, but he refused.
What is very remarkable about this case is how serious it is, especially compared to past criminal cases such as the prosecution of Paul Manafort. Here, Sun Lijun, China’s then-Deputy Minister of Public Security, was apparently organizing lobbying efforts in 2017, with figures such as Elliott Broidi, the former chief financial officer of RNC, and Nikki Lom Davis, a senior investor. Trump called. Both Brody and Davis later pleaded guilty in the prosecution.
The question is why Brody was prosecuted by FARA in 2020, including for working on the Guo case, but the Biden administration suddenly decided that the Wynn section of the transaction should be considered a civil matter. The grand jury is reportedly considering charges against Hunter Biden, which could include Farah’s breach.
Not only did Vienna act at the request of Chinese officials, but it was also able to contact Trump directly to lobby him on the issue. He had no obvious interest in Guo, because if he is deported to China, he will face a bad future. But he had major financial interests in China, and the investigation led to other criminal charges.
A big case like Wynn is not simply handed over to local prosecutors. The main judiciary is often involved in such investigations and prosecution decisions. Other organizations may be involved.
The decision to withdraw from previous cases and continue the civil process could not have been a better time for Hunter Biden. If the Ministry of Justice He applied the same approach Biden, used in Paul Manafort’s case, looks at the serious perspective of a criminal charge.
Biden discussed the possible need for registration given his extensive work on behalf of foreign interests, which many see as an overtly influential peddler. This happened at the same time as Vienna’s work. In 2017, Biden texted his business colleague Tony Bobolinsky: “It does not matter what the US company needs at certain levels to be able to bid on federal and state projects. We also do not want to have to register as foreign representatives under the FCPA [Foreign Corrupt Practices Act] Which is much broader than people who should know they choose not to know. James [Biden] He has very specific opinions on this, so I ask him about the foreign institution.
Given the wide range of foreign clients and their interest in using Hunter’s access and influence, there were many reasons for concern. The president’s son worked for the CEFC, a subsidiary of the Chinese Communist Party led by Ye Jianming. Department of Justice Accused of crime One of Ye’s colleagues, Patrick Ho, in 2017 under the FCPA. The first contact he made after his arrest was with James Biden, who said he was trying to contact his nephew, Hunter.
Hunter worked on a joint venture between Sinohawk and CEFC. He had extensive dealings with Chinese personalities as well as officials from Russia, Kazakhstan, Ukraine and other countries. The emails referred to meetings with his father, the then vice president. In 2014, he wrote to former Devon Archer business partner about “My Father”‘s upcoming trip to Ukraine. He noted that this should be “recognized as part of our advice and thinking – but what he will say and do is beyond our control.” (Archer is later convicted of fraud in a separate case).
Hunter Biden arranged meetings Between his father and Ukrainian and foreign clients. He also expressed concern about the registration rules, noting that the management of the Ukrainian energy company Burisma “should know without a doubt that we will not interfere directly with domestic policymakers and we can not intervene, and we must comply with FARA and others.” Other US laws in the strictest sense around the world.
But he never registered. Like Wayne, he believed that despite the Ministry of Justice’s broad interpretation of past criminal cases, his work for foreign interests had fallen short of the FARA line. Compared to other cases, Hunter Biden seems to be well beyond the line. In the United States against Chaudhry, a US resident under FARA pleaded guilty to trying to influence the views of various US think tanks on US-Pakistan relations.
The Ministry of Justice has now dropped criminal charges in favor of civil charges for years. Many of us have questioned the need to criminalize these allegations and the far-reaching extent of FARA. But the time of Biden’s sudden change of government could not have been better for the president’s son.