Hunter Biden, U.S. President Joe Biden’s son, will plead guilty to two tax crimes and enter a diversion program with prosecutors for possessing a gun while addicted to an illegal drug, according to the U.S. Attorney’s office in Delaware.

Biden’s participation in the diversion program could lead to the weapons offense being dropped if he complies with certain conditions for a period of time. Defendants who enter into these agreements with the government typically need to accept responsibility for their conduct, but they don’t plead guilty.

The Delaware U.S. attorney’s office filed a letter in federal court on Tuesday explaining the terms of the agreement reached with Biden.

“It is my understanding that the five-year investigation into Hunter is resolved,” said Chris Clark of Clark Smith Villazor, Biden’s lawyer. “I know Hunter believes it is important to take responsibility for these mistakes he made during a period of turmoil and addiction in his life.”

Prosectors claimed Biden failed to pay more than US$100,000 on an income of at least $1.5 million for 2017 and 2018.

The misdemeanor tax offense carries maximum penalties of one year in jail and a $100,000 fine. The diversion agreement allows Biden to avoid pleading guilty to a gun charge that includes a maximum penalty of 10 years in prison and a $250,000 fine, according to the filing.

The charges were reported earlier by the AP.

Federal prosecutors have been investigating Hunter Biden for possible tax and gun related crimes since 2018. The probe sparked corruption claims by Republicans including former President Donald Trump and has become a litmus test for how the Justice Department would handle such a politically explosive case.

The investigation has been led by US Attorney David Weiss of Delaware, who was appointed by Trump and kept on by Attorney General Merrick Garland.

Hunter Biden acknowledged in December 2020 that the Delaware attorney’s office was investigating his tax affairs.

“I take this matter very seriously but I am confident that a professional and objective review of these matters will demonstrate that I handled my affairs legally and appropriately, including with the benefit of professional tax advisers,” Biden said in a statement at the time.

The White House pointed to its previous statement on the case, noting that President Biden hasn’t been involved at all or discussed it with Garland or the Justice Department.

“The President has never had a conversation with the Department of Justice about any investigations into any member of his family,” said former press secretary Jen Psaki in April 2022.

Even with the resolution, the case is likely to continue to cast a shadow over Joe Biden’s presidential re-election campaign. House Republicans have vowed to continue investigating business dealings by Biden, his son and associates.

With assistance from David Voreacos and Erik Larson.