ethics – Attorney Legal Counsel

Hunter Biden sues the IRS, alleging agents illegally released his tax information

attorneylegalcounsel99 — Mon, 18 Sep 2023 15:57:51 +0000

CNN
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Hunter Biden sued the Internal Revenue Service on Monday, alleging its agents illegally released his tax information and that the agency failed to protect his private records.

President Joe Biden’s son alleges the IRS unlawfully disclosed his tax return information and did not establish safeguards to ensure the confidentiality of his records. He is seeking, among other things, all documents involving the disclosure of the tax information, $1,000 for each unauthorized disclosure and attorneys fees.

The lawsuit, which was filed in federal court in Washington, DC, does not name the two IRS agents turned whistleblowers as defendants. But the lawsuit is centered on disclosures made by the agents, Gary Shapley and Joseph Ziegler, and their lawyers in public statements, congressional testimony and interviews.

Judge Timothy Kelly, a Donald Trump appointee, has been assigned to the case.

It’s being filed amid a swirl of other legal issues facing Hunter Biden, who was indicted by special counsel David Weiss on three felony gun charges last week and is potentially facing additional tax charges by Weiss.

“Despite clear warnings from Congress that they were prohibited from disclosing the contents of their testimony to the public in another forum, Mr. Shapley and Mr. Ziegler’s testimony only emboldened their media campaign against Mr. Biden,” the lawsuit states. “And finally, since their public testimony before the House of Representatives on July 19, 2023, the agents have become regular guests on national media outlets and have made new allegations and public statements regarding Mr. Biden’s confidential tax return information that were not previously included in their transcripts before the Committee on Ways and Means.”

Specifically, Hunter Biden’s attorneys point to details Shapley shared in an interview with CBS News that aired in late June. During the interview, Shapley alleged that Biden took certain personal expenses as business expenses, including “prostitutes, sex club memberships, hotel rooms for purported drug dealers,” and that Biden owed $2.2 million in unpaid taxes, the lawsuit alleges.

Shapley’s attorneys called the lawsuit a “frivolous smear” and said the agents only discussed information allowed under the statute. Ziegler’s attorney said the lawsuit is an effort to “distract from the ever-growing evidence that supports the testimony of the two IRS whistleblowers.”

The IRS said it does not comment on pending litigation.

“The lawsuit is about the decision by IRS employees, their representatives, and others to disregard their obligations and repeatedly and intentionally publicly disclose and disseminate Mr. Biden’s protected tax return information outside the exceptions for making disclosures in the law,” the lawsuit alleges.

The suit adds: “These agents’ putative ‘whistleblower’ status cannot and does not shield them from their wrongful conduct in making unauthorized public disclosures that are not permitted by the whistleblower process. In fact, a ‘whistleblower’ is supposed to uncover government misconduct, not the details of that employee’s opinion about the alleged wrongdoing of a private person.”

The lawsuit alleges Shapley and Ziegler went beyond confirming the investigation into Hunter Biden’s taxes and provided specific allegations, the amount of deductions taken and liabilities owed for tax years.

Tensions have been rising in the investigation. On Friday, Shapley’s lawyers issued a statement saying Hunter Biden’s attorneys have tried to get the Justice Department to retaliate against their clients for making disclosures protected under whistleblower rules.

“Taxpayer privacy laws are written by Congress, and it gave itself authority in those laws to hear disclosures about taxpayer information,” Shapley’s attorney said in a statement on Friday.

The IRS agents went public with their allegations concerning the Justice Department’s handling of investigation into Hunter Biden earlier this year.

In June, the Justice Department announced it had reached a deal with Hunter Biden in which he would plead guilty to two tax misdemeanors for failing to pay his taxes on time in 2017 and 2018. He had also reached a deal to avoid prosecution on a gun possession charge, but the deal fell apart after a federal judge prodded its structure.

After the judge would not sign off on the deal, talks broke down between Weiss’ office and Hunter Biden’s attorneys. Weiss asked for special counsel status.

This story has been updated with additional details.

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Bakersfield prosecutor appointed chairman of California’s State Bar’s board of trustees | News

attorneylegalcounsel99 — Mon, 21 Aug 2023 07:01:59 +0000

Kern County’s specific legal needs, which differ vastly from those of California’s other regions, will be represented at the State Bar’s highest level after a local prosecutor was appointed last week to chair its board of trustees — the first time a Bakersfield attorney will preside over the organization.

Deputy District attorney Brandon Stallings was appointed by the California Supreme Court to become chairman of the State Bar Board of Trustees. The board’s duties include creating policies to regulate lawyers’ conduct and determine which programs to fund. He has been a trustee since 2015 and served most recently served as vice chairman.

Stallings, who said Friday many qualified applicants applied, was excited to be appointed.

“My emotion was excitement (after hearing of my appointment) for the job ahead, excitement to serving in this new role and really just gratitude — very thankful for being entrusted with this responsibility,” Stallings added in a phone interview.

As a prosecutor since 2009, Stallings said his recent appointment aligns with a prosecutor’s responsibility to seek justice in service to the community. Stallings serves in the Office of Traffic Safety, which prosecutes DUIs causing murder and other intoxicated driving incidents.

Kern County District attorney Cynthia Zimmer said in an email Stallings can represent local values and a prosecutor’s ethics while serving in groups like the State Bar Board of Trustees. He operates at the highest ethical standard, which she said makes him a naturally good fit for public service.

“Mr. Stallings’ commitment to justice and the practice of law is evidenced not only in his work as a prosecutor handling serious DUI cases, but also his longstanding and continuing work with the Board of Trustees,” she added.

A spokesman for the Judicial Council of California said the California Supreme Court, which appointed Stallings, doesn’t comment beyond the appointment action.

Locally, Stallings has served as director of the Kern County Bar Association. His volunteer work showed him the need for young lawyers to have a voice at the county and state level.

In his prior service on the bar, Stallings was vice chair of its Civility Commission. There seemed to be instability in law practice and attorneys “doing bad things” or being uncivil in front of judges, he said.

The commission learned incivility is tied to bias, appearing implicitly or explicitly toward women, minorities and people of different sexual orientations, Stallings said. The board took input from experts and the general public, culling through proposals to approve rules attorneys must follow. The state Supreme Court must now decide whether to approve those rules, he added.

He’d like to take a look at recruiting more lawyers in rural areas in hopes of remedying the lack of access for migrant and low-income communities.

“I’m really, really happy to have that voice to be able to advocate for representation,” Stallings added.

It seemed the board chair’s position always went to attorneys from the Bay Area or Southern California, leaving out the Central Valley, Bakersfield defense attorney David Torres said. He sits on a committee within the California State Bar and is Stallings’ father-in-law.

A Bakersfield-based attorney can perhaps advocate for funds to build another courthouse in Kern County or divert money to projects helping underrepresented individuals, Torres said. Stallings understands the system through his long involvement with the State Bar and he understands lawyers’ needs, Torres said.

“He … is a fair leader with the wisdom and knowledge … to execute plans (that are) fair and balanced,” Torres said of Stallings.

Stallings hopes to ensure the public has confidence in the board’s decisions and that the state bar’s employees are equipped to protect the public.

“(I hope to leave) behind a (state) bar that’s in a better position than when I took over,” Stallings said.

You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.

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