Case docket
United States v. $168,849.42 Seized from First Community Bank, et al.
United States v. $168,849.42 Seized from First Community Bank, et al. — 12 court filings in the archive from U.S. District Court, Southern District of West Virginia (Beckley), filed between May 17, 2023 and June 26, 2026. Among them: 2 orders, 1 complaint and 1 summons or warrant.
Case facts
| Court | U.S. District Court, Southern District of West Virginia (Beckley) |
|---|---|
| Filings | 12 public filings |
| Filed | 2023-05-17 – 2026-06-26 |
| Document types | orders (2), complaint (1), summons or warrant (1), indictment (1), motion (1), stipulation (1) |
| Original PDFs | 12 of 12 |
Case summary
This is a civil forfeiture action in rem filed May 17, 2023 in the U.S. District Court for the Southern District of West Virginia at Beckley, Civil Action No. 5:23-cv-00393. The defendants in rem are $168,849.42 and $299,604.40 seized from two First Community Bank accounts and $2,333,832.28 and $45,000 frozen at Ally Invest. The verified complaint brings the action under 18 U.S.C. § 981(a)(1)(A) and (1)(C) and alleges theft of government funds, theft of stolen funds across state lines, wire fraud and money laundering. The Small Business Administration filed a petition for remission on December 19, 2023 as the claimed victim of a PPP loan, an EIDL loan and an EIDL grant advance. The court entered a default judgment, final order of forfeiture and settlement on June 26, 2026.
Case at a glance
| Parties | Plaintiff United States of America; defendants in rem, the four seized or frozen sums; claimants and defaulted parties Ross Jay Bailey, Ally Invest Securities, LLC, First Community Bank and R&R Delivery Service, Inc.; petitioner U.S. Small Business Administration |
|---|---|
| Court and docket | U.S. District Court for the Southern District of West Virginia, Beckley, Civil Action No. 5:23-cv-00393 |
| Program | Paycheck Protection Program loan, Economic Injury Disaster Loan and EIDL grant advance, per the SBA's petition for remission |
| Claims | Civil forfeiture in rem under 18 U.S.C. § 981(a)(1)(A) and (1)(C), on allegations of theft of government funds, theft of stolen funds across state lines, wire fraud and money laundering |
| Disposition or status | Stay granted December 31, 2024 and lifted May 21, 2026; entry of default by the clerk June 16, 2026; default judgment, final order of forfeiture and stipulation and settlement agreement entered June 26, 2026 |
| Forfeiture | Condemned, forfeited and vested in the United States "per the Judgment in the criminal matter number 5:24-cr-00105": (1) $168,849.42 seized from First Community Bank account number xx2781; (2) $299,604.40 seized from First Community Bank account number xx2660; (3) $2,333,832.28 frozen from Ally Investment account number xx-x6295-11; (4) $45,000 frozen from Ally Investment account number xx-x6295-11, account numbers as the order prints them (default judgment, final order of forfeiture and stipulation and settlement agreement of June 26, 2026, pp. 1-2, 4) |
| Related criminal judgment | The order recites that the judgment in No. 5:24-cr-00105 against Ross Jay Bailey granted restitution to the U.S. Small Business Administration of $1,596,301.46, and that Bailey consented to forfeiture of all the seized and frozen funds in his plea agreement (ECF 53 in 5:24-cr-00105) and in a stipulated settlement agreement (p. 3) |
| Status checked | 2026-09-23 · against the court docket and DOJ press releases through 2026-09-22 |
How does this relate to the criminal case?
An indictment was returned against Ross Jay Bailey on June 26, 2024 in Criminal No. 5:24-cr-00105. The United States' motion states that a plea agreement signed by Bailey was entered on June 2, 2025 as to a violation of 18 U.S.C. § 641, theft of government money, and that he consented to the forfeiture of approximately $1,518,013.58 as of January 13, 2025, consisting of all the funds seized or frozen in the civil matter.
Where does the forfeited money go?
The motion states that the United States will request that the forfeited funds be applied to Bailey's restitution obligation in Case No. 5:24-cr-00105, and that if the restoration request is approved the seized funds will be applied to the restitution owed to the U.S. Small Business Administration under that judgment.
What is the SBA's claim?
Its petition for remission encloses certified statements of account supporting its claim as victim and setting out the total indebtedness for the PPP loan, the EIDL loan and the EIDL grant advance, including PPP loan no. 7702977206 with $188,000.00 principal.
Summary written from the documents on this page; every sentence is sourced.
Filings
12 public filings from this case, in filing-date order.
- Verified Complaint for Forfeiture In Rem — United States v…Complaint · PDF
- Warrant of Arrest and Notice In Rem — United States v. $168,849.42 Seized from First Community Bank, et al. (S.D. W. Va. No. 5:24-cr-00105)Summons or warrant · PDF
- Indictment — United States v. Ross Jay Bailey (Criminal No. 5:24-cr-00105) (S.D. W. Va. No. 5:24-cr-00105)Indictment · PDF
- Claimants' Memorandum in Support of Their Motion for Stay —…PDF
- United States' Response to Show Cause Order and Recommendation…PDF
- Order Granting Motion for Stay — United States v. $168,849.42…Order · PDF
- Order Lifting Stay — United States v. $168,849.42 Seized from…Order · PDF
- Entry of Default by Clerk — United States v. $168,849.42 Seized…PDF
- U.S. Small Business Administration's Petition for Remission of…PDF
- Motion for Entry of Default Judgment and Final Order of Forfeiture — United States v. $168,849.42 Seized from First Community Bank, et al.Motion · PDF
- Stipulated Settlement Agreement (Exhibit B) — United States v…Stipulation · PDF
- Default Judgment, Final Order of Forfeiture and Stipulation and…PDF
Court, dates and docket numbers are as recorded on the filings.