Notwithstanding Hunter Biden's moral deficiencies in other matters, based on what has been publicized so far, legally, he may have done nothing wrong being part of his father's Ukrainian enterprise. Joe Biden’s shenanigans and his son’s role in it need to be understood in the context of Ukraine's corrupt political culture.

Corruption is deeply embedded into the Ukrainian DNA. It is the blood of the Ukrainian economy - the stimulus for government officials and employees to perform their duties. Corruption is a fundamental necessity, a precondition for functioning governance.

Never-ending redistribution and re-division of assets is a defining characteristic of the Ukrainian business environment. People in business are constantly threatened by corporate raiders that attack businesses with guns, forged ownership documents, or new laws and regulations. To protect themselves from these realities, businesses hire “roof.” In criminal jargon, it means protection. Various entities offer protection: organized crime, police, high-ranking government officials, etc. The necessity for a “roof” is built into the cost of doing business.

In 2002, during President Viktor Yanukovych's tenure, his ecology minister Mykola Zlochevsky registered Burisma Holding Limited in Cypress. Burisma secured lucrative government licenses for gas field exploration and production to become Ukraine's second-largest private gas company. And not by accident. De jure, the licenses for the exploration of natural resources are drafted as bilateral agreements between the government entities and private enterprises, but de facto, they are unilateral and revocable grants of privileges by a president and high-ranking government officials to their cronies and supporters. As long as President Yanukovych was in power, Mr. Zlochevsky’s assets were secured from a hostile takeover. President Yanukovych was his “roof” and benefactor.

But nothing is permanent in the wicked Ukrainian world.

In February 2014, Yanukovych was overthrown in an America-sponsored coup and fled the country. Zlochevsky followed him shortly after. In a dramatic reversal of fortunes, Burisma overnight changed from one of the strongest to one of the weakest. The recourse of the weakest was to find a new “roof” before the newly-elected Petro Poroshenko’s government was sworn in during June 2014.

It is unknown when and who approached Joe Biden or John Kerry, Secretary of State at the time, and what was offered in exchange for lobbying and political support. But on April 22, 2014, Devon Archer, a managing partner of Rosemont Seneca Partners, a $2.4 billion private equity firm co-owned by the stepson of John Kerry, Christopher Heinz, was put on Burisma’s board.

On May 13, 2014, Hunter Biden himself joined the board.

On the same day, Christopher Heinz rushed to distance himself and the firm from what looked like an unscrupulous endeavor. He sent emails to Matt Summers and David Wade, two of his stepfather’s top aides at the State Department, “I can’t speak why they decided to, but there was no investment by our firm in their company,” wrote Heinz. Whether Christopher Heinz intended to dissociate his firm from the activity or to create plausible deniability, the passage revealed that the State Department was aware of the arrangement and exposed Christopher Heinz’s concern regarding, if not the legality, the ethics of the undertaking.

For Burisma, the impact of having Hunter Biden and Devon Archer on its board could not be overstated. It had acquired an ultimate “roof” — the Vice President of the United States of America. We must not be naïve; Burisma did not hire good-for-nothing drug addict Hunter Biden for his expertizes or business acumen. It did not hire obscure Devon Archer for his administrative genius either — they were simply messengers. There was no other way to interpret the assignments of Hunter Biden and Devon Archer to the board of Burisma.

By their presence on the board the “roof” sent a subliminal message to Poroshenko, who made no secret of his desire to add Burisma to his basket of assets, that the United States government protects. Although Poroshenko got the message, he could not resist the temptation. As soon as he was sworn in, he directed his prosecutor-general, Vitally Yarema, to open a corruption investigation into Burisma.

Corruption investigations have been an effective instrument of force reallocating assets in Ukraine. It is important to point out that Yarema did not investigate Hunter Biden. There was simply nothing to investigate, Burisma was a private company and could appoint to its board anybody. Yarema was tasked to uncover or manufacture some dirt on Burisma and its owner Mykola Zlochevsky.

In January 2015, Yarema was replaced with Poroshenko’s close associate Viktor Shokin, who continued the investigation. Just like his predecessor, Viktor Shokin did not investigate Hunter Biden. Prosecutor Shokin was directed by President Poroshenko to build a corruption case to forfeit the profitable gas licenses awarded to Burisma.

By 2016, the investigation was at its pinnacle, and Burisma’s management panicked. They had been contacting the State Department requesting it to help end the investigation. In the spring of 2016, Joe Biden was forced to act. He stepped in to protect his son’s employer, Burisma Holdings, and demanded Poroshenko dismiss Shokin.

Poroshenko tried to stall it, but Biden issued an ultimatum, “You have six hours to solve the problem, or Ukraine would lose a billion dollars in US aid.” Poroshenko capitulated — Shokin was fired.

Biden bragged about his accomplishment: ‘You have no authority. You’re not the President —Poroshenko said’ … I said, 'Call him.' “I looked at them and said, ‘I’m leaving in six hours. If the prosecutor is not fired, you’re not getting the money.’ Well, son of a b----. He got fired. And they put in place someone who was solid at the time." 

In the process, Biden inadvertently admitted that President Obama, if not involved, at least was aware of the shady business of his Vice President.

At this juncture, Poroshenko realized the futility of his efforts and decided that having a percentage of something is better than a hundred percent of nothing. He made a deal with Zlochevsky. Poroshenko’s trusted man Igor Kononenko joined Burisma’s board. The vanquished enemies became allies. Miraculously, there was no longer a need for investigation, and a new prosecutor Yuriy Lutsenko, “who was solid at the time,” closed the probe. There was no longer a need for Joe Biden’s services either. Hunter Biden and Devon Archer eventually resigned from Burisma's board. Zlochevsky returned to the country. The “roof” had earned its pay.

The payment must be worth millions of dollars. The sixty thousand dollars a month paid to Hunter Biden and Devon Archer was a drop in the bucket. The big money has gone to someone else. Lacking an understanding of the Ukrainian business environment, the Republicans have been targeting Hunter Biden, a tiny fish in multimillion dollar international protection rocket who may not even be fit for prosecution. Thus far, he has served as a distraction from investigating the senior-level perpetrator(s).  

Alexander G. Markovsky is a senior fellow at the London Center for Policy Research, a conservative think hosted at King’s College, New York City, which examines national security, energy, risk-analysis, and other public policy issues. He is the author of Anatomy of a Bolshevik and Liberal Bolshevism: America Did Not Defeat Communism, She Adopted It. Mr. Markovsky is the owner and CEO of Litwin Management Services, LLC. He can be reached at info@litwinms.com

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