While under court-ordered home detention on federal fraud charges, former Fayetteville developer Brandon Barber spent money at restaurants, a wine barand stores, according to a filing Thursday in U.S. District Court.
Barber, who lives in New York City, also traveled to several locations in that metropolitan area, based on his “check card” expenditures for taxicabs and metro services.
Under home detention, Barber was allowed to travel to and from his office, but he was supposed to get permission from his parole officer for travel elsewhere.
“The court cannot help but question whether these expenditures evidence defendant’s failure to comply with the conditions of his home detention,” U.S. Magistrate Judge Erin Setser wrote in an order.
Setser gave Barber until Tuesday to provide more detailed information regarding transactions of fivebank accounts from March 20 to May 1.
One of those accounts belongs to Kristin Foodim, Barber’s fiancee.
Over $13,000 was transferred from Foodim’s bank account to Barber’s, according to the court order. That made it obvious that the couple had commingled their funds, Setser wrote.
Barber provided the bank account information to the court, according to the order. But Setser wants an itemizedlist of expenditures from the banks.
She also requested information about 12 limited liability companies in which Barber has an interest. Barber told the court earlier this month that those LLCs had no assets.
Barber, 37, was arrested March 20 and indicted on 27 counts of bank fraud, bankruptcy fraud, money laundering and conspiracy to commit those crimes. His trial is scheduled for June 17 in federal court in Fort Smith.
After his initial arrest, Barber was released to home detention on a $50,000 cashbond. That order was in effect until Barber was arrested for violating the conditions of his parole by leaving work early April 25 to meet Foodim.
On May 1, U.S. Magistrate Judge James L. Cott of New York sentenced Barber to home incarceration, which allows Barber to leave home only for medical necessities and court appearances.
At a hearing in Fayetteville the next week, Setser ordered Barber to remain under home incarceration, and she eventually allowed him to return to New York City after spending almost a week in the Washington County jail.
Barber, a Jonesboro native, was a prominent Fayetteville real-estate developer before the recession that began in 2007. His Fayetteville developments include the seven-story, $17 million Legacy Building.
The federal charges against Barber involve about $30 million in loans and his $53 million Chapter 7 personal bankruptcy in 2009, debt that Barber sought to have discharged because he said he has no assets.
Barber is being represented by Asa Hutchinson, the candidate for governor, and his son, Asa Hutchinson III.
Northwest Arkansas, Pages 11 on 05/25/2013