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POLITICS Published July 25, 2023 9:12pm EDT

Hunter Biden's counsel faces possible

sanctions after accusations of lying in
criminal tax case
Hunter Biden's team apologized for the 'misunderstanding' in a letter to the judge

By Andrea Vacchiano , Adam Sabes Fox News

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The judge presiding over the Hunter Biden criminal case threatened Biden's legal team
with sanctions over allegations about lying to the clerk's office.

Hunter Biden's counsel is accused of avoiding proper court procedure to allegedly get
information about IRS whistleblowers removed from the docket. Delaware Judge
Maryellen Noreika gave Biden's legal team until 9 p.m. on Tuesday to explain their side.

Specifically, a lawyer from Hunter's legal team is accused of misrepresenting who she was
when asking to remove amicus materials from the docket. She allegedly called to ask the
clerk to seal the information instead of making a formal request to the court.

"The Court has discussed the matter with the relevant individuals in the Clerk's Office and
has been informed that the caller, Ms. Jessica Bengels, represented that she worked with
Mr. Kittila and requested the amicus materials be taken down because they contained
sensitive grand jury, taxpayer and social security information," the order read.

BIDEN'S CLAIM TO HAVE NO KNOWLEDGE OF HUNTER'S BUSINESS DEALINGS IS

BECOMING HARDER TO MAINTAIN

Hunter Biden, son of President Biden, arrives at Fort Lesley J. McNair in Washington, DC, US, on Sunday, June 25, 2023.
(Julia Nikhinson/Sipa/Bloomberg via Getty Images)

"Itappears that the caller misrepresented her identity and who she worked for in an
attempt to improperly convince the clerk's office to remove the amicus materials from the
docket," the judge added .

"The Court will temporarily place the document under seal until close of business on July
26, 2023 to afford Defendant the opportunity to try to make the requisite showing," the
order read. "Should Defendant fail to make that showing, the document will be unsealed in
its entirety."

In a letter obtained by Fox News, Biden's legal team told the judge that the lawyer who
called the clerk had accurately represented her affiliation with her law firm.

BIDEN REPEATEDLY DENIED DISCUSSING BUSINESS DEALS WITH HUNTER, BUT

EVIDENCE SUGGESTS OTHERWISE

FILE - Hunter Biden walks along the South Lawn before the pardoning ceremony for the national Thanksgiving turkeys at
the White House in Washington, Nov. 21, 2022. (AP Photo/Carolyn Kaster, File)

"The matter under consideration appears to stem from an unfortunate and unintentional
miscommunication between a staff member at our firm and employees of the Court," the
lawyers' defense read. "We have no idea how the misunderstanding occurred, but our
understanding is there was no misrepresentation."

"We hope this letter and the attached declaration dispels any suggestion that undersigned
counsel or our staff would ever intentionally misrepresent or mislead the Court with
respect to any matter," the letter added.

Biden will plead guilty to two misdemeanor counts of willful failure to pay federal income
tax on Wednesday. The First Son reportedly failed to pay more than $100,000 in taxes on
over $1.5 million of earnings in 2017 and 2018.

President Joe Biden, first lady Jill Biden, Hunter Biden holding Beau Biden and Naomi Biden watch fireworks on the South
Lawn of the White House on July 04, 2023 in Washington, DC. (Tasos Katopodis/Getty Images)

Biden is also set to enter a pretrial diversion agreement over a separate gun-related felony
charge. A plea agreement – which has been called a sweetheart deal by critics – was
negotiated between Biden and the Department of Justice, which Noreika has the power to
reject or accept.

Fox News Digital has reached out to Hunter Biden's defense.

Fox News' Claudia Tenney and Kyle Morris contributed to this report.

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