Inside the Brandon Barber Case: Looking at His 5 Co-Defendants

by Chris Bahn  on Monday, Jun. 24, 2013 12:00 am  

David Fisher

David Fisher has been involved in northwest Arkansas real estate matters in one way or another for at least a decade.

Fisher graduated from UA’s law school in 2001 and, according to his LinkedIn profile, worked at a Fayetteville title company from 2003-05. While there he “closed over $1.4 billion in commercial transactions,” his profile said. Fisher later transitioned into working for local law firms, first with a 23-month stint with Warner Smith & Harris. Then in November 2008 he opened his own practice, David Fisher PLLC. Complex commercial and real estate transactions, construction law and lender representation were among his specialties at Warner Smith & Harris. Currently, Fisher focuses on bankruptcy, estate planning, real estate, banking, lender liability and other business transactions. He also lists himself as owner of Boost Capital Funding LLC.

At some point, Fisher came to represent Gary Combs, a developer and owner of Basic Construction and brick and concrete producer Basic Block. Fisher, 38, is listed in a pending lawsuit against Combs as the executor and personal representative of the Combs’ estate.

Combs and a group of developers, through Fisher, once put in a bid to purchase Fayetteville High School, according to the Arkansas Democrat-Gazette. Their $60 million offer was withdrawn by Fisher, according to the July 24, 2008, article, the day before a school board meeting to evaluate the potential sale.

Fisher, the government alleges, represented the unnamed conspirator — Combs — in dealings with First Federal Bank related to the purchase of lots within Executive Plaza.

Barber, Rains, Whorton and Fisher (along with the unnamed Combs) are alleged to have knowingly inflated purchase prices for the “Barber House, Old Missouri property and Executive Plaza.” Fisher, according to the indictment, drafted an agreement designating the kickbacks of excess cash to Barber, Whorton, Rains and the unnamed Combs, and Whorton allegedly followed Fisher’s outline to distribute the money.

In a late addition to the indictment against Barber, Rains and Whorton, Fisher was accused of conspiracy to commit bank fraud. His attorney is Shelly Hogan Koehler, of the Snively Law Firm in Fayetteville.

She did not respond to questions emailed about the case.



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