Barber, Others Plead Not Guilty

Ex-Northwest Arkansas developer Brandon Barber pleaded not guilty Monday morning in Fayetteville to 27 federal charges, and had a trial scheduled for June 17 in Fort Smith.

In the meantime, U.S. Magistrate Judge Erin Setser said the 37-year-old Barber is not to handle money or financial transactions for others. And while he is free on $500,000 bond, Barber also remains under house arrest, GPS monitoring, and faces employment restrictions per Setser’s instruction.

Barber told Setser he’s currently selling insurance for The Hotaling Group in New York City, and through his attorney, Asa Hutchinson III, said he is interested in obtaining a real estate license. U.S. Attorney Conner Eldridge of Arkansas’ Western District objected to the idea of Barber obtaining a license, based on the fact he currently faces a bevy of charges, including bank fraud and money laundering.

Setser said the parties would confer “at that point” if Barber does, indeed, obtain a license. Per Eldridge’s suggestion, Setser also limited Barber’s travel to the five boroughs of New York City and specific counties in New York and New Jersey, plus the eastern and western districts of Arkansas.

Barber wore a dark suit and striped blue tie to Monday’s hearing, at which Hutchinson III and Kristen Foodim accompanied him. Foodim is the “financially responsible person” who co-signed for Barber’s $500,000 bond that was secured with $50,000 cash after his March 20 arrest.

Monday’s hearing, which lasted nearly 90 minutes, also included not guilty pleas entered by Barber’s co-defendants. They are K. Vaughn Knight, 46; James Van Doren, 37; Jeff Whorton, 45; and Brandon Rains, 32. The men were named in two indictments totaling 30 charges, and will appear June 17 before Chief United States District Judge P.K. Holmes III.

Rains’ hearing was scheduled for 9:30 a.m., but started about 15 minutes late. Blake Hendrix of Little Rock represents Rains, who was freed on a $10,000 cash bond.

 Barber’s hearing was next, and involved some back-and-forth between Hutchinson and Eldridge over the employment and travel restrictions. In the end, Setser upheld Barber’s home detention — with standard exceptions that included work- and family-related matters, as well as matters involving his girlfriend’s children — and reminded him there is “no social allowance.”

Barber also must report his monthly income, along with proof of such, and notify his pre-trial services officer if he wants to accept any loans from friends or family members. Barber said his current income in commission-based.

Knight, a Fayetteville attorney represented by Rogers attorneys David R. Matthews and Kimberly R. Weber, is free on a $25,000 property bond secured by his residence. Setser denied a request for Knight’s wife to be allowed to keep firearms in the home in a locked safe.

Knight’s travel restrictions were expanded to allow him to visit a daughter in eastern Arkansas. He also is allowed to continue with the re-financing of his office building.

Van Doren was released on a $25,000 bond, though a member of his legal team asked if it could be modified. The attorney said Van Doren is on administrative leave from his job as an attorney and likely will be terminated due to the proceedings.

Whorton was the last defendant to appear before Setser and was released on a $50,000 cash bond. While the other defendants were instructed not to incur any new debt, Whorton may be granted approval to take on debt due to the nature of his job in the construction industry.