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Home Court filings United States v. $168,849.42 Seized from First Community Bank, et al.

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. — 15 documents in the archive, dated May 17, 2023 to June 26, 2026.

Case facts

CourtU.S. District Court, Southern District of West Virginia (Beckley)
Docket numbersNo. 5:23-cv-00393 — main docket · CourtListener docket 236863
No. 5:24-cr-00105 (no document in the archive is numbered on it) — other docket filed with this case
Filings15 public filings
Filed2023-05-17 – 2026-06-26
Original PDFs15 of 15

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

PartiesPlaintiff 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 docketU.S. District Court for the Southern District of West Virginia, Beckley, Civil Action No. 5:23-cv-00393
ProgramPaycheck Protection Program loan, Economic Injury Disaster Loan and EIDL grant advance, per the SBA's petition for remission
ClaimsCivil 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 statusStay 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
ForfeitureCondemned, 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 judgmentThe 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 checked2026-09-23 · 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.

Docket

15 documents in docket-entry order; attachments follow their entry. Gaps name the entries we do not have.

No. 5:23-cv-00393 — main docket

  1. Verified Complaint for Forfeiture In Rem — United States v. $168,849.42 Seized from First Community Bank, et al.Entry 1
  2. —Entry 2 is listed under More documents below
  3. Warrant of Arrest and Notice In RemEntry 3
  4. —Entries 4–12 are listed under More documents below
  5. Notice of Appearance — Ross Bailey and R&R Delivery Service, Inc., Civil Action No. 5:23-cv-00393Entry 13
  6. —Entry 14 is listed under More documents below
  7. Claimants' Memorandum in Support of Their Motion for StayEntry 15
  8. Notice of Change of Attorney informationEntry 16
  9. —Entries 17–18 are listed under More documents below
  10. United States' Response to Show Cause Order and Recommendation the Court Grant Claimant Ross Bailey's Motion to StayEntry 19
  11. Motion to Withdraw — United States v. $168,849.42 Seized From First Community Bank (Claimant Ross Bailey, Case No. 5:23-cv-00393)Entry 20
  12. Order Granting Motion for Stay — United States v. $168,849.42 Seized from First Community Bank, et al.Entry 21
  13. —Entries 22–23 are listed under More documents below
  14. Order Lifting Stay — United States v. $168,849.42 Seized from First Community Bank, et al.Entry 24
  15. —Entry 25 is listed under More documents below
  16. Entry of Default by Clerk — United States v. $168,849.42 Seized from First Community Bank, et al.Entry 26
  17. —Entries 27–28 are listed under More documents below
  18. Motion for Entry of Default Judgment and Final Order of ForfeitureEntry 29
  19. U.S. Small Business Administration's Petition for Remission of Seized Property (Exhibit A)Entry 29, attachment 1
  20. Stipulated Settlement Agreement (Exhibit B) — United States v. $168,849.42 Seized from First Community Bank, et al.Entry 29, attachment 2
  21. Default Judgment, Final Order of Forfeiture and Stipulation and Settlement AgreementEntry 30

Documents without an entry number

  1. Indictment — United States v. Ross Jay Bailey (Criminal No. 5:24-cr-00105) (S.D. W. Va. No. 5:24-cr-00105)

More documents from this case’s dockets

30 more documents linked to this case’s dockets are in the archive and not in the docket above.

  1. Civil Cover Sheet — United States of America v. $168,849.42 Seized (No. 5:23-cv-00393)PDF
  2. Warrant of Arrest and Notice in Rem — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 2)PDFWarrant of arrest in rem and notice of a forfeiture action against seized and frozen funds, Case 5:23-cv-00393.
  3. Document 4PDFJoint stipulation giving Claimant Ross Bailey until August 21, 2023, to answer the United States' Complaint, Case 5:23-cv-00393.
  4. Document 5PDFJoint stipulation extending Claimant Ross Bailey's time to answer the Complaint to September 20, 2023, Case 5:23-cv-00393.
  5. Document 6PDFJoint stipulation dated September 20, 2023, setting October 20, 2023, as the response date for Claimant Ross Bailey, Case 5:23-cv-00393.
  6. Document 7PDFJoint stipulation dated October 20, 2023, giving Claimant Ross Bailey until November 19, 2023, to respond, Case 5:23-cv-00393.
  7. Document 8PDFJoint stipulation dated November 20, 2023, extending Claimant Ross Bailey's response date to December 19, 2023, Case 5:23-cv-00393.
  8. Declaration of Publication of Notice of Civil Forfeiture, Case 5:23-cv-00393, Document 9PDF
  9. Document 10PDFAnswer and General Denial by Claimant Ross Bailey, United States v. seized and frozen funds, No. 5:23-cv-393 (S.D. W. Va.), December 22, 2023.
  10. Notice of Service of Forfeiture Action — United States of America, Civil Action (Southern District of West Virginia)PDF
  11. Show Cause Order — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 12)PDFShow Cause Order, United States v. seized funds, No. 5:23-cv-00393 (S.D. W. Va.), December 9, 2024: United States to advise by December 16, 2024.
  12. Return Receipt (Electronic), Christopher Arthur, United States Attorney's Office (Document 12-1)PDF
  13. Return Receipt (Electronic), John A. Carr (Document 12-2, filed 12/09/24)PDF
  14. Claimants' Motion for Stay — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 14)PDFClaimants' Motion for Stay, United States v. seized funds, No. 5:23-cv-00393 (S.D. W. Va.), December 10, 2024, citing a concurrent criminal matter.
  15. Proof of Delivery Letter, United States Postal Service — Case 5:23-cv-00393PDF
  16. Proof of Delivery — Case 5:23-cv-00393, Document 18 (December 13, 2024)PDF
  17. Exhibit A — Case 5:23-cv-00393, Document 19-1PDF
  18. Exhibit B — Arthur, Chris (USAWVS) to John A. Carr (Case 5:23-cv-00393, Document 19-2)PDF
  19. Exhibit C — Case 5:23-cv-00393, Document 19-3PDF
  20. Exhibit D — Case 5:23-cv-00393, Document 19-4PDF
  21. Notice of Change of Attorney Information by Justin A. Marlowe, United States Attorney's Office, Case 5:23-cv-00393PDF
  22. Motion to Lift Stay — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 23)PDFUnited States motion to lift the stay in a civil asset forfeiture action after Ross Bailey's sentencing, Case 5:23-cv-00393.
  23. Document 23, attachment 1PDFOrder granting the Government's Motion to Lift Stay and reinstating a civil forfeiture matter to the active docket, Case 5:23-cv-00393.
  24. Document 25PDFUnited States application asking the Clerk to enter default against four would-be claimants in a forfeiture action, Case 5:23-cv-00393.
  25. Entry of Default by Clerk, Would-Be Claimants in Forfeiture Action, Case 5:23-cv-00393, Document 25-1PDF
  26. Return Receipt (Electronic), R&R Delivery Service, Inc. (Document 26-1, filed 06/16/26)PDF
  27. Return Receipt (Electronic), Ross Bailey (Document 26-2, filed 06/16/26)PDF
  28. Dear Covius Document Services — Case 5:23-cv-00393, Document 27 (June 19, 2026)PDF
  29. Dear Covius Document Services — Case 5:23-cv-00393, Document 28 (June 19, 2026)PDF
  30. Document 29, attachment 3PDFDefault judgment and final order of forfeiture vesting four sums of seized and frozen funds in the United States, Case 5:23-cv-00393.

Other cases in the archive from U.S. District Court for the Southern District of West Virginia.

Court, dates and docket numbers are as recorded on the filings.

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