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Federal prosecutors have considered four possible charges against Hunter Biden

Possible charges are two misdemeanor counts for failure to file taxes, a single felony count of tax evasion and a felony count related to a gun purchase.
Image: Hunter Biden
Hunter Biden on the South Lawn of the White House on April 18, 2022.Andrew Harnik / AP file

Federal prosecutors have considered charging Hunter Biden with three tax crimes and a charge related to a gun purchase, said two sources familiar with the matter.

The possible charges are two misdemeanor counts for failure to file taxes, a single felony count of tax evasion related to a business expense for one year of taxes, and the gun charge, also a potential felony.

Two senior law enforcement sources told NBC News about "growing frustration" inside the FBI because investigators finished the bulk of their work on the case about a year ago. A senior law enforcement source said the IRS finished its investigation more than a year ago. 

The Washington Post previously reported that federal investigators believed they had gathered enough evidence to charge Hunter Biden with tax crimes and a false statement related to a gun purchase.

The decision on which charges to file, if any, will be made by U.S. Attorney David Weiss, who was appointed by President Donald Trump and retained by the Biden administration to continue the Hunter Biden investigation. There are no indications a final decision has been made, said the two sources familiar with the matter.

The IRS Criminal Investigation division, the Justice Department, the Office of the U.S. Attorney for the District of Delaware and attorneys for Hunter Biden declined to comment.

The federal investigation of Hunter Biden began in 2018. It has narrowed from an inquiry into his international business relationships, including any possible national security implications, to an examination of the income he earned from those ventures and a false statement he’s alleged to have made during the gun purchase, the sources said.

In 2018, during a period when he has admitted using cocaine, Hunter Biden purchased a firearm, which required him to fill out a form that included a question about whether he was addicted to or abusing any unlawful substance.