Barber Ordered to Remain in Fayetteville

Troubled ex-real estate developer Brandon Barber was ordered to remain in Fayetteville indefinitely during a bond revocation hearing Monday in U.S. District Court in Fayetteville.

Barber, 37, is facing 27 federal charges, including bank fraud and money laundering. He and four other co-defendants entered not guilty pleas at an April 15 arraignment, and have a June 17 trial date in Fort Smith.

Barber has been living in New York, where he was arrested last week after a recommendation by U.S. probation officer Craig Robie. The recommendation came after it was determined Barber violated U.S. Magistrate Judge Erin Setser’s April order placing him under home detention — with allowances related to work and child care responsibilities, among others.

On Monday, Setser ordered Barber to be placed under home incarceration for violating the order. As defined by a federal court document, home incarceration is “24-hour-a-day lockdown at your residence except for medical necessities and court appearances or other activities specifically approved by the court.”

Setser instructed Barber to remain in Fayetteville, though, until a Tuesday hearing involving his girlfriend, Kristen Foodim, and her ex-husband, Gary. Gary Foodim filed a temporary restraining order against Barber that went into effect April 17. The order prevents Barber from being in the apartment he shares with Kristen Foodim if her children are present.

The Foodims will argue their cases relating to the restraining order in a New York courtroom on Tuesday. If the order is upheld, Setser said, Barber must find another place to live — also under the home incarceration order.

Kristen Foodim said she and her two children have been staying with a neighbor on the two nights a week she has custody of them, as well as every other weekend. She also admitted under questioning by U.S. Attorney Conner Eldridge that both Barber — who also has two children — and her children spent one night in the apartment after the restraining order had been put in place.

The exchange was one of several charged moments during a hearing that lasted about six hours. Asa Hutchinson III represented Barber at the April arraignment, but Republican gubernatorial candidate Asa Hutchinson Sr. took center stage on Monday.

The defense was thwarted at practically every turn, however, and received an ultimatum from Setser after Hutchinson suggested Barber be allowed to return to New York and live under home incarceration. Setser told Hutchinson Barber had two choices: be remanded into custody or find a place to stay in Northwest Arkansas.

Hutchinson said Barber will stay at The Chancellor Hotel in Fayetteville, where he and Foodim spent Sunday night, until the matter is resolved. Foodim was scheduled to return to New York late Monday.

Hutchinson also asked if Barber could travel to his law offices in Rogers to discuss the case, but was rebuffed by Setser.

“He’s not to leave that hotel unless he’s coming to this court,” she said.

Setser expressed her hope the matter of Barber’s residence can be resolved Tuesday if the Foodims’ hearing is completed. In addition to potentially having to propose a new place of residence, Setser also instructed Barber to offer new employment options.

Barber has been selling insurance for The Hotaling Group in New York, but Setser said Monday he must find a new source of employment.

Hutchinson III said the defense was “obviously disappointed in the judge’s ruling,” but that Barber would honor it. He said the defense will “move forward and look forward to our day in court” at the next hearing.

Eldridge and Barber declined to comment.