Federal prosecutors are requesting a more lenient sentence for Brandon Barber, a former Fayetteville real estate developer who pleaded guilty last year to fraud and money laundering involving more than $30 million.
Initially, they requested a sentence of about 20 to 25 years in prison, based on federal guidelines. Barber's attorney, Asa Hutchinson III, suggested about five years instead.
On Wednesday, First Assistant U.S. Attorney Kenneth Elser filed a motion for "downward departure" from the federal sentencing guidelines based on Barber's cooperation with the government. Elser is now recommending a sentence between 11 years, three months and 14 years in prison.
Hutchinson also filed another brief Wednesday reiterating his request for a maximum of five years in prison. Hutchinson said Barber could get an additional reduction in offense level based on his acceptance of responsibility.
Barber, 38, is scheduled for sentencing Tuesday by U.S. District Judge P.K. Holmes III in federal court in Fort Smith. The maximum possible sentence is 40 years in prison.
According to Wednesday's filing, Barber met with FBI and Internal Revenue Service agents several times to explain the methods he used to defraud banks and his bankruptcy creditors. He also explained how three co-defendants were involved, according to the filing.
"The defendant's assistance and information ... has proven to be truthful, complete and reliable," wrote Elser.
FBI agents arrested Barber in New York City on March 20, 2013, and he was charged on 27 counts, most involving bank and bankruptcy fraud in Arkansas.
On July 31, 2013, Barber pleaded guilty to three federal charges -- conspiracy to commit bank fraud, money laundering and conspiracy to commit bankruptcy fraud. As part of the agreement, the 24 other charges against Barber were dismissed.
Barber admitted he defrauded banks by lying about the value of real estate to get inflated loans. Barber also admitted that he directed a Fayetteville attorney to use a trust fund account to help him hide money.
Although Barber cooperated with the government, he also violated the terms of his release on bond several times, U.S. Attorney Conner Eldridge wrote in a federal court filing earlier this month. Barber went to restaurants and other places without permission when he was supposed to be under home detention in New York City. As a result, Barber has been incarcerated since June 14, 2013, in the Washington County jail.
Hutchinson also is asking that Barber receive credit for the time he has spent in jail.
In Hutchinson's Wednesday filing, he asked the judge to allow Barber to be released from jail before he is required to report to the Federal Bureau of Prisons so he can visit his young children.
Hutchinson also noted that Barber had been treated for alcohol dependency within a year of his arrest. Hutchinson asked the judge to allow Barber to be able to participate in a prison's drug abuse treatment plan.
The pre-sentencing investigation reports are under seal with the court. But additional filings on the matter have been open to the public.
Since his criminal case began, Barber has been represented in court by Asa Hutchinson Sr., the candidate for governor, and his son, Asa Hutchinson III.
Barber, a Jonesboro native, was a prominent real estate developer in Northwest Arkansas before the recession that began in 2007. His Fayetteville developments include the $17 million, seven-story Legacy Building near Dickson Street.
NW News on 10/23/2014