Default Judgment, Final Order of Forfeiture and Stipulation and Settlement Agreement — 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. 30 · 2026-06-26 · Docket on CourtListener

Full text

1 
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. 
DEFAULT JUDGMENT, FINAL ORDER OF  
FORFEITURE AND STIPULATION AND SETTLEMENT AGREEMENT 
Plaintiff United States of America has moved the Court to enter a Default Judgment, 
defaulting Ross Jay Bailey, Ally Invest Securities, LLC, First Community Bank, and R&R 
Delivery Service, Inc., and for the entry of a Final Order of Forfeiture in accordance with the 
Plea Agreement and Judgment in criminal case number 5:24-cr-00105 and the Stipulated 
Settlement Agreement filed as “Exhibit B” with the Motion for Default Judgment and Final 
Order of Forfeiture in this civil matter. 
WHEREAS, on May 17, 2023, the United States filed a Verified Complaint of 
Forfeiture in rem against the following Defendants: 
1.
$168,849.42 seized from First Community Bank account number xx2781;
Case 5:23-cv-00393     Document 30     Filed 06/26/26     Page 1 of 5 PageID #: 167

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;
and
4.
$45,000 frozen from Ally Investment account number xx-x6295-11.
WHEREAS, on May 18, 2023, the Clerk of this Court issued a “Warrant of Arrest and 
Notice in rem”. [ECF 3]. 
WHEREAS, notice of the civil forfeiture proceeding as to the Defendants listed above 
was posted on an official government internet site for at least 30 consecutive days, beginning on 
November 10, 2023, and ending on December 9, 2023, as required by Rule G(4)(a)(iv)(C) of 
the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, as 
evidenced by the Declaration of Publication on file with the United States’ intentions of 
disposing of the forfeited property according to law, and notified third-parties of their right to 
petition the Court. 
WHEREAS, notice was mailed via United States certified mail to Ross Jay Bailey, Ally 
Invest Securities, LLC, First Community Bank, and R&R Delivery Service, Inc. and the U.S. 
Small Business Administration as potential third-party claimants on November 24, 2023. [ECF 
11].   
WHEREAS, the Notice of Forfeiture Action directed all would-be-claimants to file a  
Verified claim with the court within 35 days of the date of the Notice and an answer within 21 
days after filing the verified claim. 
WHEREAS, the U.S. Small Business Administration filed a Petition for Remission on 
December 19, 2023, against the Defendants Currency.  The judgment in criminal matter 
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Case 5:23-cv-00393     Document 30     Filed 06/26/26     Page 2 of 5 PageID #: 168

number 5:24-cr-00105 against Mr. Bailey granted restitution to the U.S. Small Business 
Administration in the amount of $1,596,301.46. 
WHEREAS, an “Answer and General Denial by Claimant” was filed by Ross Jay Bailey 
on December 22, 2023. [ECF 10].   
WHEREAS, on June 26, 2024, an Indictment was returned against Ross Jay Bailey. 
[ECF 1 in 5:24-cr-00105].  
WHEREAS, on June 2, 2025, a Plea Agreement signed by Ross Jay Bailey, was entered 
with the United States in the criminal matter and as part of that plea agreement Bailey consented 
to the forfeiture of all the seized and frozen funds in this civil case. [ECF 53 in 5:24-cr-00105]. 
WHEREAS, the United States and Ross Bailey also entered into a stipulated settlement 
agreement wherein Ross Jay Bailey consented to the forfeiture of all the seized and frozen funds 
in this civil case.   
WHEREAS, Ally Invest Securities, LLC, First Community Bank, and R&R Delivery 
Service, Inc. received proper service and have failed to file a claim and answer or otherwise 
plead to the “Notice of Forfeiture Action.” [ECF 9]. 
WHEREAS, no other claims have been filed in this matter and upon entry of this order 
the entirety of this matter may be dismissed.   
WHEREAS, the Court finds that the defendant Ross Bailey had an interest in the above-
described property that is subject to forfeiture pursuant to 18 U.S.C. §§ 981(a)(1)(A) and 
981(a)(1)(C). 
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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED 
that all right, title and interest is hereby CONDEMNED, FORFEITED, and VESTED to the 
United States of America, and shall be disposed of according to law for the following and 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;
and
4. $45,000 frozen from Ally Investment account number xx-x6295-11.
The Clerk is directed to send certified copies of this Order to counsel of record, to 
Special Agent, Thomas Atherton, United States Secret Service, 300 Summers Street, Suite 910, 
Charleston, West Virginia 25301 and to email a copy to the United States Secret Service, 
ATTN: Camille Comfort at camille.comfort@usss.dhs.gov. 
IT IS SO ORDERED this 26th day of June, 2026. 
ORDER PREPARED BY: 
/s/Justin A. Marlowe______________ 
JUSTIN A. MARLOWE 
Assistant United States Attorney 
WV State Bar No. 9695 
300 Virginia Street, East, Room 4000 
Charleston, WV  25301 
Case 5:23-cv-00393     Document 30     Filed 06/26/26     Page 4 of 5 PageID #: 170

5 
Telephone: 304-345-2200 
Fax: 304-347-5104 
Email: Justin.Marlowe@usdoj.gov 
Case 5:23-cv-00393     Document 30     Filed 06/26/26     Page 5 of 5 PageID #: 171

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