Hunter Biden’s ex-business partner Devon Archer can remain free on bail as he appeals his conviction on fraud charges to the Supreme Court, a federal judge ruled Friday.
Archer, 48, was convicted and sentenced in February of last year to a year and one day in prison for his role in a scheme to defraud a Native American tribe of some $60 million in bonds.
His appeal was rejected by an appellate court in June and he has since sought relief from the Supreme Court.
“For the same reasons articulated in the Court’s prior order granting Defendant Archer bail pending the resolution of his appeal to the Second Circuit, and in light of the Government’s consent, the Court finds that he is entitled to bail until the Supreme Court rules upon his anticipated petition for certiorari,” District Judge Ronnie Abrams wrote in her Friday ruling.
Abrams also deferred considering any arguments for relief related to a “two-point Sentencing Guidelines calculation error which was not identified by either party at sentencing,” citing Archer’s pending Supreme Court appeal.
Archer had sought to be resentenced, but prosecutors for the US Attorney’s Office for the Southern District of New York argued that the error identified did not constitute a “fundamental defect which inherently result[ed] in a complete miscarriage of justice.”
Archer, who also served with Hunter on the board of Burisma Holdings, a Ukraine-based energy company, testified before the House Oversight Committee in July and told the panel the first son put Joe Biden on speakerphone more than 20 times during business meetings to promote “the brand.”
Archer further confirmed that then-Vice President Biden attended an April 2015 dinner at Washington’s Cafe Milano with Burisma executive Vadym Pozharskyi and former Moscow first lady Yelena Baturina, as previously reported by The Post.
House Oversight Committee Chairman James Comer accused the Justice Department of “obstruction of justice” over a letter sent by the US attorney for the Southern District of New York to Abrams – two days before Archer’s testimony – requesting the judge set a date for Archer to start his prison sentence.
Archer was convicted by a jury of conspiracy to commit securities fraud and securities fraud after a trial in June 2018.
Federal prosecutors argued Archer and his two co-defendants bought more than $60 million in bonds from the Oglala Sioux and used them to “build a financial services mega-company,” rather than for an annuity, according to prosecutors.
Hunter, who was vice chairman of the financial services company and cleared up to $200,000, was not charged in connection with the scheme.
Archer alleged he lost $10 million when the venture collapsed.
Hunter Biden associate Devon Archer's bail extended pending appeal on fraud charges - New York Post
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