Two Former FBI Agents Charged With Lying to Congress Over Hunter Biden Laptop

The charges mark the first criminal accountability arising from congressional testimony about the FBI's handling of the Hunter Biden laptop investigation, which has been contested since the device...

Federal prosecutors charged two former FBI agents, Nikki Floris and Bradley Benavides, on Friday, October 23, 2026, with allegedly making false statements to Congress regarding the Hunter Biden laptop, according to reporting by the New York Post. The charges represent the first criminal referrals to result directly from congressional testimony related to the FBI's handling of the matter.

Floris testified before the House Judiciary Committee in 2023, stating: "I don't have any knowledge of said laptop," when asked about Hunter Biden's MacBook, which the FBI seized in December 2019, according to the New York Post report. Prosecutors allege that testimony was false.

Benavides was also charged in connection with statements made to congressional investigators, though the specific content of his disputed testimony was not detailed in the available source material. The precise charging documents, which would specify each count and the statutory basis for prosecution, are public records held by the relevant federal district court and would provide the full scope of allegations against both individuals.

The FBI seized Hunter Biden's MacBook from a Delaware computer repair shop in December 2019, a fact that is documented in the FBI's own chain-of-custody records. The laptop became a focal point of congressional oversight activity after its contents were reported publicly in October 2020. The House Judiciary Committee, led at the time by Republicans, conducted interviews with FBI personnel as part of a broader inquiry into the bureau's conduct.

Lying to Congress is a federal offense under 18 U.S.C. Section 1001, which prohibits knowingly and willfully making false statements in matters within the jurisdiction of the legislative branch. A conviction on a single count carries a maximum penalty of five years in prison. The exact number of counts filed against Floris and Benavides is not confirmed in the available source material. The charging documents would specify those figures.

The Department of Justice, under whose authority federal agents operate, has not issued a public statement available in the source material at the time of this writing. The specific federal district in which the charges were filed is also not confirmed in the available material. That information would appear on the face of the indictment or criminal information.

Congress has referred numerous individuals for prosecution under false-statement statutes over recent decades, though such referrals do not always result in charges. Notable prior cases include the 2019 conviction of Roger Stone on charges that included making false statements to Congress, and the 2012 conviction of former baseball pitcher Roger Clemens on the same charge, though Clemens was acquitted at retrial. Conviction rates in false-statement-to-Congress cases vary, and each case turns on the specific evidence presented.

Floris and Benavides have not been quoted in the available source material, and their legal representation, if any has been publicly announced, is not identified in the sources reviewed. Defense attorneys in such cases frequently contest both the materiality of the alleged false statements and the intent element required under the statute.

For additional background on the charges, see our earlier report: DOJ Charges Two Former FBI Officials With Lying to Congress on Hunter Biden Laptop.

Several material facts remain unknown from the available source material. These include: the identity of the presiding judge, the name of the lead prosecutor, whether either defendant has entered a plea, and whether the Justice Department's Inspector General has a concurrent or related review open. The criminal charging documents filed in federal court would answer the questions about counts, statutory citations, and the specific statements alleged to be false.