Devon Archer, the former business partner of Hunter Biden, was resentenced by a federal judge after being previously ordered to serve one year in prison for defrauding a Native American tribe. Archer had requested the resentencing based on a sentencing guidelines calculation error, which his defense counsel failed to notice, and his cooperation in congressional investigations related to President Biden’s alleged involvement in his family’s foreign business dealings.
Manhattan federal Judge Ronnie Abrams granted Archer’s petition for habeas relief, vacated his sentence, and scheduled a resentencing hearing. She agreed with Archer that his counsel’s failure to object to the incorrect sentencing guidelines constituted “ineffective assistance of counsel” and that he was prejudiced by his attorney’s deficient representation. Archer and two other Burnham Financial Group executives were convicted in 2018 of conspiracy to commit securities fraud and securities fraud.
Prosecutors alleged that Archer and his co-defendants purchased more than $60 million in bonds from the Oglala Sioux, using them to build a financial services company instead of for their intended purpose. Hunter Biden, who was vice chairman of Burnham, earned up to $200,000 but was not involved in the scheme. Archer’s conviction was initially overturned in 2018 due to lack of evidence, but the 2nd Circuit Court of Appeals reinstated the conviction in 2020 after the Supreme Court refused to hear his appeal.
Archer provided testimony to the House Oversight Committee implicating President Biden in his son’s overseas relationships, including being on speakerphone for many of Hunter’s foreign business meetings. His attorney, Matthew Schwartz, argued that Archer had performed substantial civic duties through his cooperation with federal investigators and that this should be considered in his resentencing. Schwartz highlighted Archer’s commitment to charitable and educational causes and his flawless record on pretrial release over nearly eight years.
Judge Abrams requested that both Archer’s lawyer and federal prosecutors submit proposed dates for his resentencing hearing by May 22. The resentencing comes after Archer’s year-long prison sentence was vacated due to a sentencing guidelines calculation error and his cooperation in investigations related to President Biden’s family’s foreign business dealings. Archer, who was convicted of conspiracy to commit securities fraud and securities fraud, provided testimony to Congress implicating President Biden in his son’s overseas relationships. His attorney argued that Archer’s cooperation and commitment to civic duties should be considered in his resentencing.
