Case 3:08-cr-00153-L Document 666

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

UNITED STATES OF AMERICA

v. ERIC RULACK FARRINGTON JR. (1)

No. 3:08-CR-153-L

GOVERNMENT'S MOTION FOR REVOCATION OF RELEASE TO THE HONORABLE SAM A LINDSAY UNITED STATES DISTRICT JUDGE AND THE HONORABLE IRMA C. RAMIREZ, UNITED STATES MAGISTRATE JUDGE: 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, United States Code, Section 3148(b), for an order revoking the June 18, 2008 order of release herein (Doc. #9), signed by United States Magistrate Judge Irma C. Ramirez, releasing defendant Eric Rulack Farrington Jr., on conditions, and ordering the defendant detained without bond, pending transfer to a designated facility to serve the 132 month custody sentence 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 various charges (Doc. # 1). Farrington was charged with one count of conspiracy to commit wire fraud in violation of 18 U.S.C. 1349 (Count 1), one count of bank fraud and aiding and abetting, in violation of 18 U.S.C. 1344 and 2 (Count 2) , fifteen counts of wire fraud

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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). Count 51 comprised forfeiture allegations against all defendants. 2. On January 20, 2010 a superseding indictment was returned by the grand jury charging the same offenses in the same counts, excluding Count 51, which was retitled as a forfeiture allegation. (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 his sentence by 2:00 p.m. on September 6, 2011. 5. Since his initial appearance on June 18, 2008, Farrington has been on release, subject to 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 federal felony offense, namely, mail fraud, in violation of 18 U.S.C. 1341, in that on or about April 21, 2011, in the Dallas Division of the Northern District of Texas, Eric Rulack Farrington Jr., for

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the purpose of executing and attempting to execute a scheme and artifice to defraud and to obtain money, as set forth below, did knowingly cause to be deposited, for the purpose of being sent and delivered 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, a rebuttable presumption arises that no condition or combination of conditions will assure that the defendant 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 the arrest 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 such hearing, if the court finds that (1) there is probable cause to believe that the defendant has committed 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 a danger to the safety of any other person or the community or is unlikely to abide by any condition or combination of conditions of release, that the court enter an order of revocation and detention and that the defendant be held without bond pending the transfer to a designated institution so serve his sentence.

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Respectfully submitted, JAMES T. JACKS UNITED STATES ATTORNEY s/ Joseph M. Revesz JOSEPH M. REVESZ Assistant United States Attorney Texas State Bar No. 16792700 1100 Commerce Street, 3rd Floor Dallas, Texas 75342 Telephone: 214.659.8664 Facsimile: 214.659.8803 Email: joe.revesz@usdoj.gov

CERTIFICATE OF SERVICE I hereby certify that on July 7, 2011, I electronically filed the foregoing document with the clerk of the court for the United States District Court for the Northern District of Texas, using the electronic case filing system of the court. The electronic case filing system sent a "Notice of Electronic Filing" to the authorized attorney(s) of record who have consented in writing to accept this Notice as service of this document by electronic means. s/ Joseph M. Revesz JOSEPH M. REVESZ

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