Stipulated Settlement Agreement (Exhibit B) — 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. 29-2 · 2026-06-23 · Docket on CourtListener

Full text

Case 5:23-cv-00393 Document 29-2 Filed 06/23/26 Page 1of5 PagelD #: 157

UNITED STATES DISTRICT COURT EXHIBIT B
SOUTHERN DISTRICT OF WEST VIRGINIA
BECKLEY
UNITED STATES OF AMERICA,
Plaintiff.
Vv. Case No. 5:23-cv-393

$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 CASH FROZEN FROM ALLY INVEST SECURITIES, LLC, ACCOUNT
NUMBER XXX-X6295-11 RR A34;

$45,000.00 SECURITIES FROZEN FROM ALLY INVEST SECURITIES, LLC, ACCOUNT
NUMBER XXX-X6295-11 RR A34;

Defendants in rem.
STIPULATED SETTLEMENT AGREEMENT

The United States of America and Claimant Ross Bailey (“Claimant”), (collectively, the
Parties”), desire to reach a full and final settlement of all civil claims arising out of this
forfeiture action without the necessity of further legal action.

The Parties stipulate and agree to settle Claimant’s interest in certain properties subject to
forfeiture in this case. This agreement is entered into by the Parties pursuant to the following
terms:

1. The Parties agree, understand, and acknowledge that none of the parties to this Stipulated
Settlement Agreement admit or acknowledge any liability whatsoever to the other, and
further, that the parties specifically and expressly deny any such liability. Neither this
Stipulated Settlement Agreement nor any payment or action hereunder is to be construed
as an admission of liability by any party.

2. Claimant, individually or through respective companies for which he is an owner, has an

interest in the property identified below (collectively, “Defendant Accounts”).
Case 5:23-cv-00393 Document 29-2 Filed 06/23/26 Page 2 of 5 PagelD #: 158

3. Claimant consents to forfeiture to the United States in the amount of approximately
$1,518,013.58 as of April 8, 2025. The forfeiture amount is accruing interest daily at an
amount of $205.48.

4. Claimant consents to forfeiture to the United States of his right, title, and interest in the
following properties:

a. Approximately $1,518,013.58 as of April 8, 2025, plus daily interest of $205.48
from frozen Ally Invest Securities, LLC account number xxx-x6295-11 RR A34.

5. The United States Attorney’s Office for the Southern District of West Virginia agrees to
request that the forfeited funds be applied to Ross Bailey’s restitution obligation in Case
No. 5:24-cr-00105. If the restoration request is approved, then the United States
Attorney’s Office for the Southern District of West Virginia will apply the
Approximately $1,518,013.58 as of April 8, 2025, plus daily interest of $205.48 from
frozen Ally Invest Securities, LLC account number xxx-x6295-11 RR A34 to Ross
Bailey’s restitution obligation regarding EIDL Loan #6296888002 in Case No. 5:24-cr-
00105.

6. Claimant is in default of EIDL Loan #XXXXXX8002. If the restoration request is
approved, the Parties agree that approximately $730,895.55 is also owned to the Small
Business Administration and that seized and/or frozen funds from the Defendant
Accounts shall be sent to the Small Business Administration to payoff EIDL Loan
#XXXXXX8002.

7. Ifthe restoration request in not approved, then remaining funds will be made available to
satisfy the restitution obligation in Case No. 5:24-cr-00105 in the amount of

approximately $1,518,013.58 as of April 8, 2025, plus daily interest of $205.48.

tN
Case 5:23-cv-00393 Document 29-2 Filed 06/23/26 Page 3 of 5 PagelD #: 159

8.

10.

11

12.

The Parties agree that the remaining Defendant Accounts shall be liquidated and shall be
applied to the civil penalty obligation in Case No. 5:24-cv-455.

The Parties acknowledge, understand and agree that the cash and securities currently
frozen in Ally Invest Securities, LLC account numbers xxx-x6295-11 RR A34, must be
liquified to satisfy the terms of this Stipulated Settlement Agreement, that none of the
funds recovered from liquidating these accounts will be returned to the Claimant.
Claimant acknowledges, understands, and agrees that the United States shall dispose of

the Forfeited Property according to law.

. Claimant avers that he is an owner of the Defendant Accounts, whether in his individual

or corporate capacity. Claimant further avers that he has the authority to stipulate and
agree to the terms of the Stipulated Settlement Agreement concerning his interests in any
assets owned by R & R Delivery Service, Inc. Claimant attests that he has the legal
authority to bind the corporate entity and authorize forfeiture of the corporation’s assets.
Claimant understands, acknowledges, and agrees to hold harmless and indemnify the
United States, its agents, representatives, an employees, including, but not limited to any
involved state or local law enforcement agencies and their agents, servants, or employees,
the United States Department of Justice, the United States Attorney’s Office for the
Southern District of West Virginia, the United States Department of Treasury, and the
United States Secret Service, from all claims, suits, or demands made upon them of
whatever nature, in connection with, arising from or relating in any way to the seizure
and detention of the subject properties or the execution of this Stipulated Settlement

Agreement.

we
Case 5:23-cv-00393 Document 29-2 Filed 06/23/26 Page 4 of 5 PagelD #: 160

13.

14.

15.

16.

17.

Claimant understands, acknowledges, and agrees that his or her agent’s execution of this
Stipulated Settlement Agreement releases any and all rights, demands, claims, suits,
actions, or causes of action Claimant has or may have against any and all law
enforcement agents involved in the seizure of the subject properties.

Claimant acknowledges and understands the provisions of this Stipulated Settlement
Agreement and the legal effect of them, and Claimant has entered into this Stipulated
Settlement Agreement freely and voluntarily, without coercion, duress, or undue
influence.

The United States and Claimant agree that each party shall be responsible for their own
attorney’s fees and costs.

The Stipulated Settlement Agreement constitutes the entire understanding between the
parties hereto concerning the settlement of Claimant’s individual and corporate civil
forfeiture claims. This Stipulated Settlement Agreement shall have no effect on any civil,
criminal, administrative, or tax-related action that has been or may be brought against
Claimant or anyone else as a result of the facts and circumstances giving rise to the
seizure of the Subject Properties. No promise or representation that is not expressly set
forth herein has been made to Claimant to obtain his consent to this Stipulated Settlement
Agreement.

The terms of this Stipulated Settlement Agreement are contingent upon the Court’s entry

of a final order and judgment of forfeiture.

. The terms and conditions of this Stipulated Settlement Agreement shall be binding upon

and are for the benefit of the parties hereto and their respective representatives, heirs,

successors, executors, administrators, and assigns.
Case 5:23-cv-00393 Document 29-2

Agreed to by:

Arr Lorlay

Filed 06/23/26 Page 5 of 5 PagelD #: 161

F-~29—~ 2005

ROSS JAY BAILEY
Defendant

Date Signed

Y DE Z9ls —

A BRANDON nrg i

Counsel ae
s SL fy “

Date Signed”

Zz

D. JODY) WOOFON, JR.
sel for Defendant

peal

JYSTIN A. MARLOWE
Assistant United States Attorney

Date Signed

S/2.9/ 2s
Date Signed

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