Brandon Barber will await his trials on fraud and money laundering charges from jail.
Federal Magistrate Judge Erin Setser revoked Barber’s bond on Friday during a hearing regarding the terms of his pre-trial release. Barber, who has an option to appeal the ruling, will be held in the Washington County Detention Center until his scheduled trials on Sept. 16 and Oct. 21.
Attorney Asa Hutchison III said he would visit with Barber about the possibility of an appeal. They have two weeks to make a decision.
“Obviously we’re disappointed with the decision,” Hutchison said. “We’re seriously considering an appeal. A major concern is public perception of guilt or innocence as we pick a jury. We start losing the perception of innocence if he’s incarcerated for three months leading up to the trial.”
A motion filed in U.S. District Court on Wednesday sought to put Barber, 37, behind bars until his scheduled trials. At issue were expenses on Barber’s bank account and what the U.S Attorney’s office viewed as violations of his pretrial release conditions.
“It is clear from the defendant’s behavior that he has not been candid with the Court on numerous occasions and has not followed the Court’s Orders,” according to the motion filed by U.S. Attorney Conner Eldridge. “He admits to violating his conditions of home detention on several occasions.”
Barber was arraigned on April 15 and at the time was granted release under home detention. He was free to leave his New York City apartment only for work, child care duties, attorney visits and court appearances unless requested and approved in advance.
Pretrial services officials were alerted to a potential violation on April 26 when Barber visited a restaurant after work without approval. Barber, who filed for bankruptcy in 2007, was then placed under home incarceration on May 13 with no travel exceptions outside of medical needs or court appearances.
Setser requested copies of Barber’s financial records in a May 23 order, in which she raised concerns about purchases made by Barber. Questions about expenditures on his bank account and a June 7 admission from Barber that he left his home without approval led to the filing from Eldridge.
“Due to the defendant’s repeated violations of the pre-trial release conditions set by the Court, the Government submits that the defendant is unlikely to abide by any condition or combination of conditions of release.”