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Eric Farrington government motion to revoke supervised release

Eric Farrington government motion to revoke supervised release

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Published by: The Dallas Morning News on Jul 18, 2011
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08/17/2011

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IN THE UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF TEXASDALLAS DIVISION UNITED STATES OF AMERICA§§v.§No. 3:08-CR-153-L§ERIC RULACK FARRINGTON JR. (1)§
GOVERNMENT'S MOTION FOR REVOCATION OF RELEASE
TO THE HONORABLE SAM A LINDSAY UNITED STATES DISTRICT JUDGEAND THE HONORABLE IRMA C. RAMIREZ, UNITED STATES MAGISTRATEJUDGE:The United States of America, by and through its United States Attorney for the Northern District of Texas, moves the Court under the provisions of Title 18, UnitedStates Code, Section 3148(b), for an order revoking the June 18, 2008 order of releaseherein (Doc. #9), signed by United States Magistrate Judge Irma C. Ramirez, releasingdefendant Eric Rulack Farrington Jr., on conditions, and ordering the defendant detainedwithout bond, pending transfer to a designated facility to serve the 132 month custodysentence imposed by the Court on June 3, 2011. (Doc. #652) for the following reasons:1. On May 28, 2008, Farrington and 10 other individuals were indicted on variouscharges (Doc. # 1). Farrington was charged with one count of conspiracy to commit wirefraud in violation of 18 U.S.C. § 1349 (Count 1), one count of bank fraud and aiding andabetting, in violation of 18 U.S.C. §§ 1344 and 2 (Count 2) , fifteen counts of wire fraud
Government's Motion for Revocation of Release - Page 1
Case 3:08-cr-00153-L Document 666 Filed 07/06/11 Page 1 of 4 PageID 9562
 
and aiding and abetting, in violation of in violation of 18 U.S.C. §§ 1343 and 2, (Counts 3-17)ten counts of money laundering and aiding and abetting, in violation of 18 U.S.C. §§ 1956 and 2(Counts 18-27) and five counts of engaging in a monetary transaction with criminally derived property and aiding and abetting in violation of 18 U.S.C. §§ 1957 and 2 (Counts 28-32). Count51 comprised forfeiture allegations against all defendants.2. On January 20, 2010 a superseding indictment was returned by the grand jury chargingthe same offenses in the same counts, excluding Count 51, which was retitled as a forfeitureallegation. (Doc. #209).3. On April 5, 2010, following a jury trial, Farrington was convicted of all counts.4. On June 2, 2011, Farrington was sentenced to 132 months custody, among other things. The Court ordered Farrington to self report to the designated institution for service of hissentence by 2:00 p.m. on September 6, 2011.5. Since his initial appearance on June 18, 2008, Farrington has been on release, subjectto certain conditions, including the following condition:“(1) The defendant shall not commit any offense in violation of federal,state or local law while on release in this case.”(Doc. #9/1).6. As shown in the affidavit of Special Agent Stacy R. Banks, Federal Bureau of Investigation (FBI), which is attached hereto and incorporated herein as if fully set forth,defendant has violated the foregoing condition of his release by committing at least one federalfelony offense, namely, mail fraud, in violation of 18 U.S.C. § 1341, in that on or about April21, 2011, in the Dallas Division of the Northern District of Texas, Eric Rulack Farrington Jr., for 
Government's Motion for Revocation of Release - Page 2
Case 3:08-cr-00153-L Document 666 Filed 07/06/11 Page 2 of 4 PageID 9563
 
the purpose of executing and attempting to execute a scheme and artifice to defraud and to obtainmoney, as set forth below, did knowingly cause to be deposited, for the purpose of being sent anddelivered by Federal Express, a commercial interstate carrier, according to the direction thereon,an envelope addressed to Platinum Title Partners, 5325 Katy Freeway, #2, Houston , TX 77007,containing a check in the amount of $18,000, payable to the order of Platinum Title Partners.7. Under Title 18, United States Code, Section 3148(c), if there is probable cause to believe that, while on release, the defendant committed a Federal, State, or local felony, arebuttable presumption arises that no condition or combination of conditions will assure that thedefendant will not pose a danger to the safety of any other person or the community.
CONCLUSION
In view of the foregoing, the government requests the Court to issue a warrant for thearrest of defendant Eric Rulack Farmington Jr., ordering that he be brought before the court for a proceeding in accordance with Title 18, United States Code, Section 3148(b) and that after suchhearing, if the court finds that (1) there is probable cause to believe that the defendant hascommitted a Federal, State, or local crime while on release and (2) that there is no condition or combination of conditions of release that will assure that the defendant will not flee or pose adanger to the safety of any other person or the community or is unlikely to abide by any conditionor combination of conditions of release, that the court enter an order of revocation and detentionand that the defendant be held without bond pending the transfer to a designated institution soserve his sentence.
Government's Motion for Revocation of Release - Page 3
Case 3:08-cr-00153-L Document 666 Filed 07/06/11 Page 3 of 4 PageID 9564

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