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Francis W. Biden | Partner Provided/Berman Law Group

Watchdog says Frank Biden's involvement in enviro class action raises 'too many red flags to ignore'

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A federal government watchdog group is investigating whether President Biden's brother Frank Biden is inappropriately leveraging the family name as an advisor to a class action law firm.

In a March 7 release, the Functional Government Initiative (FGI) questions whether Frank Biden has had communications with federal agencies that are developing environmental policy issues in matters that align with the interests of the Florida-based Berman Law Group, where Frank Biden serves as advisor. Federal agencies involved in the Biden administration's environmental justice initiatives include the Department of Justice (DOJ), Environmental Protection Agency (EPA) and NASA. 

According to FGI, the Berman firm is pursuing litigation against Florida sugar cane producers over their controlled burns, citing health concerns.  

“While advertising yourself as ‘the president’s brother’ to gain clients is an ethical gray area, using that title to gain special access to government agencies is not," FGI spokesman Peter McGinnis said in a news release. 

"The timeline of Berman Law Group’s class action lawsuit and the EPA’s policy action, DOJ’s environmental justice office and NASA’s research funding into the very same issue pushed by Frank Biden raise too many red flags to ignore. Americans deserve to know if their tax dollars went towards aiding Frank Biden’s various business endeavors and the environmental justice advocates allied with the Biden Administration.”

Beginning in January 2021, the U.S. Department of Agriculture (USDA), EPA and DOJ all have taken action or appear set to take action on this sugar burning issue, according to FGI. The EPA already has begun to implement stricter National Ambient Air Quality Standards (NAAQS), and the DOJ is beginning legislation against companies that own the sugar fields.

In November 2021, the DOJ filed a civil antitrust lawsuit to stop United States Sugar Corporation (U.S. Sugar) from acquiring its rival, Imperial Sugar Company (Imperial Sugar). The complaint, filed in the U.S. District Court for the District of Delaware, is alleging that the transaction would leave an overwhelming majority of refined sugar sales across in the American Southeast in the hands of only two producers, a DOJ release said.

According to FGI, the Berman Law Group has already made one mistake as they ran an advertisement in the Daily Business Review where they attempted to leverage their employee's famous last name, Biden, to promote their class action lawsuit against Florida sugar cane growers. The ad made the claim that controlled burns in sugar fields can affect the health of nearby residents. FGI said that it would particularly affect those communities at the center of the administration’s recent major environmental justice pushes.

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