Judge Sparks Denies Former Triton Financial CEO Relief from His 17-Year Sentence

Barton v. United States of America, No. A:13-CA-910-SS, slip op. (W.D. Tex. Jan. 10, 2014)(Sparks, J.)

Kurt Barton was the CEO and President of Triton Financial before the SEC shut it down. After his 39-count indictment on a host of fraud and money laundering charges, the District Court appointed two lawyers and a forensic accountant for Barton’s defense and granted a four-month continuance for them to prepare. Id. at 2. Barton was convicted, however, on all 39 counts and the Fifth Circuit affirmed. Id. at 3. Barton filed this proceeding under 28 U.S.C. § 2255, contending that (a) he received ineffective assistance of counsel, in part because of a supposed conflict he was undoubtedly aware of from the start, and (b) the Government committed a Brady violation by failing to provide complete records to his forensic accountant. Id. The District Court thoroughly debunked each point and underscored the overwhelming evidence of guilt unaffected by Barton’s complaints. Id. at 5-24.