Law firm Cravath, Swaine & Moore retroactively files as ‘Foreign Agent’ for Burisma raising more questions about Hunter Biden

Cravath, Swaine & Moore, a well-established law firm, recently made headlines with a notable disclosure to the U.S. Justice Department. Their revelation involves a connection to Burisma, a Ukrainian gas company, and Hunter Biden, who was a board member during the period in question.

In a move reflecting the Justice Department's stringent stance on foreign lobbying transparency, Cravath revealed its past legal work for Burisma under the Foreign Agents Registration Act (FARA).

Reuters reported that the firm's involvement with Burisma dates back to 2016, when they were hired to represent Mykola Zlochevsky, the owner of Burisma, potentially in response to U.S. investigations. This work was later expanded to include the gas company itself. These developments have recently come to light through Cravath's FARA filings, after their discussions with the Justice Department about the act's scope.

Burisma's Ties to Hunter Biden Stir Scrutiny

Hunter Biden, who served on the board of Burisma from 2014 to 2019, has been a subject of controversy and scrutiny. While his name doesn't appear in Cravath's filings, his association with the company has drawn significant attention, particularly in the political arena.

The role of Hunter Biden at Burisma has been under the microscope, especially following allegations from then-President Donald Trump and other Republicans. They accused Joe Biden, Hunter's father and the current President, of using his influence improperly to benefit his son's business interests in Ukraine. The White House has firmly denied these claims.

Cravath's engagement with Burisma included a meeting in March 2016, where partner John Buretta met with three U.S. officials. Later that year, Buretta sent a letter on behalf of Burisma. This interaction is part of the firm's disclosed work for which it received nearly $350,000 from March 2016 to August 2017.

FARA's Enforcement: A Tool for Transparency

FARA mandates U.S. law firms and lobbyists to publicly disclose certain types of foreign work. This act has been increasingly enforced in recent years, as seen with Cravath's retroactive registration. Their disclosure underscores the Justice Department's commitment to transparency in foreign lobbying activities.

Cravath's situation is not isolated in the legal industry. In 2019, another major law firm, Skadden, faced a similar scenario. They settled with the Justice Department over retroactive lobbying registration related to Ukraine and paid a substantial penalty of $4.6 million.

Moreover, in 2022, the Justice Department unsuccessfully sued Steve Wynn, a prominent businessman, for failing to register his advocacy for a Chinese client. These cases illustrate the heightened vigilance and stricter enforcement of FARA in recent times.

Political Implications and Legal Considerations

The implications of Cravath's disclosure extend beyond legal compliance. It has reignited discussions and speculations about the role of influential individuals and firms in foreign matters. Particularly, it has brought Hunter Biden's tenure at Burisma back into the spotlight.

Cravath's statement highlights the complexity and evolving understanding of FARA's scope. They stated, "After discussions with the Department of Justice regarding FARA’s scope, Cravath has filed a retroactive registration covering legal services provided to two former clients in March and September 2016."

Furthermore, Republican U.S. Senators Chuck Grassley of Iowa and Ron Johnson of Wisconsin raised questions in 2022 about whether the Justice Department had investigated John Buretta's obligation to register his work for Burisma under FARA.

Examining the Burisma-Hunter Biden Connection

Despite the political controversies, it's important to note that Hunter Biden's name is not mentioned in Cravath's disclosures. There is no indication that Cravath performed any work directly for him. His role at Burisma has been a matter of public record and debate for years.

Republican then-President Donald Trump and others have heavily scrutinized Burisma and Hunter Biden's role at the company. Unproven claims suggest that Joe Biden tried to improperly aid his son's business interests in Ukraine. These allegations, however, have been consistently denied by the White House.

The connections between Hunter Biden, Burisma, and U.S. policy in Ukraine have been a subject of political debate and media speculation for years. This recent disclosure by Cravath adds another layer to the ongoing discussion about the intersection of politics, business, and international relations.

Cravath's Retroactive Registration: A Legal Perspective

The case of Cravath, Swaine & Moore's retroactive registration under FARA is a significant reminder of the legal obligations that U.S. firms face when dealing with foreign entities. Failing to properly register foreign work can lead to severe civil or criminal penalties, as evidenced by previous cases in the legal industry.

Cravath's disclosure of its work for Burisma, although late, is a step towards greater transparency in foreign lobbying activities. It sheds light on the complex and often opaque world of international legal services and the role of U.S. firms in these dealings.

This development serves as a wake-up call for law firms and lobbyists, emphasizing the importance of adherence to FARA's requirements. It also highlights the ongoing efforts of the Justice Department to ensure compliance with these regulations.

Conclusion: Understanding the Burisma Case

In conclusion, Cravath, Swaine & Moore's recent FARA disclosure regarding its work for Burisma in 2016 raises several questions about transparency and legal obligations in foreign lobbying. While Hunter Biden's role at Burisma continues to be scrutinized, it is crucial to distinguish between the legal work performed by Cravath and the political controversies surrounding the Bidens.

  • Cravath, Swaine & Moore disclosed its 2016 work for Burisma under FARA.
  • The Justice Department has intensified FARA enforcement in recent years.
  • Hunter Biden's role at Burisma has been a subject of scrutiny and political debate.
  • Cravath's disclosure is part of a broader push for transparency in foreign lobbying.
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