Order Lifting Stay — United States v. $168,849.42 Seized from First Community Bank, et al.

Record facts

U.S. District Court, Southern District of West Virginia (Beckley) · No. 5:23-cv-00393 · Doc. 24 · 2026-05-21 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA 
 BECKLEY 
UNITED STATES OF AMERICA, 
Plaintiff. 
v. 
CIVIL ACTION NO.: 5:23-cv-00393 
$168,849.42 SEIZED FROM FIRST COMMUNITY 
BANK, ACCOUNT NUMBER XX2781; 
$299,604.40 SEIZED FROM FIRST COMMUNITY 
BANK, ACCOUNT NUMBER XX2660; 
$2,333,832.28 FROZEN FROM ALLY INVESTMENT, 
ACCOUNT NUMBER XX-X6295-11; and 
$45,000 FROZEN FROM ALLY INVESTMENT,  
ACCOUNT NUMBER XX-X6295-11, 
Defendants in rem. 
ORDER 
Pending is the Government’s Motion to Lift Stay [ECF 23], filed May 19, 2026. 
I. 
On December 31, 2024, the Court ordered this action stayed pending resolution of the parallel 
criminal proceedings in United States of America v. Ross Bailey, Criminal Action No. 5:24-cr-00105 
and retired the matter to the inactive docket pending further order. [ECF 21]. On April 24, 2026, the 
Court sentenced Mr. Bailey was sentenced to Five (5) years of probation, with the first twenty-four 
(24) months to be served on home confinement with electronic monitoring as a special condition in
the related criminal action, following his guilty plea to theft of government funds, in violation of 18 
U.S.C. § 641. On April 27, 2026, the Judgment was entered. No appeal was filed. 
The Government now seeks a stay lift herein and reports it and Claimant Mr. Bailey have 
entered into a stipulated settlement agreement resolving this matter. The Government intends to 
submit the necessary documents for review and approval once the stay has lifted.  
Case 5:23-cv-00393     Document 24     Filed 05/21/26     Page 1 of 2 PageID #: 110

2 
II. 
Inasmuch as Mr. Bailey’s criminal action has been resolved, the Court GRANTS the 
Government’s Motion, LIFTS the stay, and REINSTATES this matter to the active docket. The 
Government is DIRECTED to file the necessary documentation respecting the parties’ resolution of 
this matter forthwith.  
The Clerk is directed to send a copy of this Order to counsel of record and to any unrepresented 
party. 
Enter:  May 21, 2026 
Case 5:23-cv-00393     Document 24     Filed 05/21/26     Page 2 of 2 PageID #: 111

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