Exhibit — Criminal Indictment of Ryan Keith Bailey — United States v. Ryan Bailey and RKB, Inc. (S.D. W. Va. No. 5:24-cv-00455)

Record facts

U.S. District Court, Southern District of West Virginia · No. 5:24-cv-00456 · Doc. 16-2 · 2024-06-25 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON GRAND JURY 2023
JUNE 25, 2024 SESSION
UNITED STATES OF AMERICA
FILED
»-«>• • .a>A
V.
RYAN KEITH BAILEY
CRIMINAL NO.
/o [q
18 U.S.C. § 641
18 U.S.C. § 1957
INDICTMENT
The Grand Jury Charges:
Background
1. 
The United States Small Business Administration (^^SBA")
was an agency of the executive branch of the United States
government that provided 
support to entrepreneurs 
and small
businesses. The mission of the SBA was to maintain and strengthen
the nation's economy by enabling the establishment and viability
of small businesses and by assisting in the economic recovery of
communities after disasters.
2. 
The Economic Injury Disaster Loan Program C^EIDL") was an
SBA 
program that provided 
low-interest financing to small
businesses, renters, and homeowners in regions affected by declared
disasters.
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 1 of 30 PageID #: 78

3. 
The Coronavirus Aid, Relief, and Economic Security Act
(^'CARES Act") authorized the SBA to provide EIDL loans of up to
$2 million to eligible small businesses experiencing substantial
financial disruption due to the COVID-19 pandemic.
4. 
To obtain an EIDL loan, a qualifying business applied to
the SBA and provided information about the businesses operations,
such as the number of employees, gross revenues for the 12-month
period preceding the disaster, and cost of goods sold in the 12-
month period preceding the disaster. In the case of EIDL loans for
COVID-19 relief, the 12-month period was from January 31, 2019, to
January 31, 2020. EIDL loan funds were restricted to working capital
usage for businesses to alleviate economic injury caused by the
disaster and were not to be used for other purposes. The applicant
was also required to certify that all of the information submitted
in the EIDL loan application was true and correct to the best of the
applicant's knowledge.
5. 
EIDL loan applications were submitted directly to the SBA
and processed by the agency with support from a government
contractor. If the application was approved, the amount of the loan
was based, in part, on the information provided by the applicant
about employment, revenue, and cost of goods sold. Any funds issued
under an EIDL loan were issued directly by the SBA.
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 2 of 30 PageID #: 79

The Paycheck Protection Program
6. 
The United States Small Business Administration (^'SBA")
was an agency of the executive branch of the United States
government that provided support to entrepreneurs 
and small
businesses. The mission of the SBA was to maintain and strengthen
the nation's economy by enabling the establishment and viability
of small businesses and by assisting in the economic recovery of
communities after disasters.
7. 
The Coronavirus Aid, Relief, and Economic Security
{"'CARES") Act was a federal law enacted in or around March 2020 and
designed to provide emergency financial assistance to millions of
Americans suffering the economic effects of the COVID-19 pandemic.
One source of relief provided by the CARES Act was the Paycheck
Protection Program ("PPP") which authorized nearly $349 billion in
forgivable loans to small businesses for job retention, payroll
costs, mortgage interest, rent and utilities. In or around April
2020, Congress authorized an additional $300 billion in PPP loans.
8. 
The PPP allowed interest and principal amounts on the
PPP loans to be entirely forgiven if the businesses spent the
loan proceeds to cover these qualifying expenses within a
designated time and used a certain specified percentage of the
PPP loan proceeds for payroll expenses.
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 3 of 30 PageID #: 80

9. 
To obtain a PPP loan, a qualifying business was
required to submit a PPP loan application. The PPP loan
application required the small business (through its authorized
representative) to acknowledge the program rules and make
affirmative certifications that the small business met the
eligibility requirements to obtain a PPP loan. In addition, PPP
loan applicants were required to provide documentation of the
business' gross income from either 2019 or 2020. Applicants
further had to certify that their small business was in
operation on February 15, 2020.
10. If a PPP loan application was approved, a participating
lender funded the PPP loan using its own monies, which were 100%
guaranteed by the SBA.
Background of defendant RYAN KEITH BAILEY
11. Defendant RYAN KEITH BAILEY was a resident of Beckley,
Raleigh County, and within the Southern District of West Virginia.
Defendant RYAN KEITH BAILEY owned a Beckley, Raleigh County business
called RKB Inc., an S corporation C'RKB") , incorporated in 2007 with
the West Virginia Secretary of State's Office. Defendant RYAN KEITH
BAILEY was the president and sole owner of RKB from at least 2007
to at least 2023.
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 4 of 30 PageID #: 81

Bank Accounts controlled by defendant RYAN KEITH BAILEY
12. Defendant RYAN KEITH BAILEY maintained bank accounts at
Truist Bank {"Truist"), a financial corporation formerly known as
BB&T, headquartered in Charlotte, North Carolina, that has numerous
bank branches throughout Southern West Virginia and the Eastern and
Midwest regions of the United States. Truist was a financial
institution as defined by 18 U.S.C. § 20.
13. Defendant RYAN KEITH BAILEY was an authorized signer on
each of the following Truist accounts:
a. Business account in the name of RKB, account number
XXXXXX6412 (''RKB Business Account'');
b. Personal account in the name of defendant RYAN KEITH
BAILEY, and T.B., account number XXXXXXX3150 ("Personal
Account XXXXXXX3150"); and
c. Personal account in the name of defendant RYAN KEITH
BAILEY, and T.B., account number XXXXXX0760 ("Personal
Account XXXXXX0760").
14. 
Defendant RYAN KEITH BAILEY maintained bank accounts at
Pioneer Community Bank ("Pioneer"), headquartered in Beckley, West
Virginia, with numerous bank branches throughout Southern West
Virginia. Pioneer was a financial institution as defined by 18
U.S.C. § 20.
15. Defendant RYAN KEITH BAILEY was an authorized signer on
the Pioneer business account in the name of RKB, account number
XX5281.
16. Defendant RYAN KEITH BAILEY maintained a personal
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 5 of 30 PageID #: 82

brokerage account at TD Ameritrade, in the name of defendant RYAN
KEITH BAILEY with an account number of XXXXX3306 (^'TD Ameritrade") .
17. Defendant RYAN KEITH BAILEY was the authorized signer of
Apex 
Clearing 
Corporation, 
account 
number 
XXXXX3306 
{Apex
Clearing). Additionally, Apex Clearing and TD Ameritrade are
associated financial entities.
PPP Loan Application
18. On or about April 28, 2020, defendant RYAN KEITH BAILEY,
on behalf of RKB, submitted a PPP Loan application with Pioneer Bank
in the amount of $166, 517.40. 
For the PPP loan application,
defendant RYAN KEITH BAILEY certified that the application and all
the information provided in all supporting documents and forms were
true and correct. Defendant RYAN KEITH BAILEY specifically certified
that the funds would be used "to retain workers and maintain
payroll," and for other permissible expenses. Defendant RYAN KEITH
BAILEY further certified on the PPP loan application that he
understood that if the funds were knowingly used for unauthorized
purposes, the federal government may hold him liable, and he could
potentially face criminal fraud charges.
19. This PPP loan application listed defendant RYAN KEITH
BAILEY as the owner of RKB and the loan application was signed
and certified by defendant RYAN KEITH BAILEY. Supporting
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 6 of 30 PageID #: 83

documents for RKB's 2019 payroll were submitted with his PPP loan
application.
20. This PPP Loan Application reflected that the purpose of
the loan would be for payroll, lease/mortgage interest and
utilities.
21. 
On or about April 28, 2020, RKB's PPP loan application
was approved. Defendant RYAN KEITH BAILEY signed the note to
Pioneer on May 1, 2020, as the owner of RKB.
22. Bank records reviewed in this case show that on or about
May 1, 2020, the Lender (Pioneer Bank) sent $166,517.40 in PPP
loan proceeds to the account of RKB which was deposited into
defendant RKB's business checking account at Pioneer, account
number XX5281.
23. On or about November 30, 2020, defendant RYAN KEITH
BAILEY submitted a PPP Loan Forgiveness Application to the SBA.
The SBA ultimately forgave $157,456.50 of the 
original
$166,517.40 PPP Loan RKB received. The PPP Loan Forgiveness
Application Form 3508EZ, dated November 30, 2020, was submitted
to the SBA, wherein defendant RYAN KEITH BAILEY certified that
(a) The dollar amount of forgiveness requested: was used to pay
costs eligible for forgiveness (payroll costs to retain
employees, business mortgage interest payments, business rent or
lease payments or business utility payments); and (b) included
7
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 7 of 30 PageID #: 84

payroll costs equal to at least 60% of the forgiveness amount.
A review of bank records and financial transactions revealed that
these certifications were false, and the loan proceeds were spent
on impermissible expenses.
24. Defendant RYAN KEITH BAILEY also certified on the PPP
Loan Forgiveness Application that "I understand that if the funds
were knowingly used for unauthorized purposes, . the federal
government may pursue recovery of loan amounts and/or civil or
criminal fraud charges." 
Defendant RYAN KEITH BAILEY further
certified on the PPP Loan Forgiveness Application that ''the
information provided in this application and the information
provided in all supporting documents and forms is true and correct
in all material respects.''
Fraudulent Use of PPP Loan Proceeds
25. Between April 2020, and May 19, 2020, defendant RYAN KEITH
BAILEY used the fraudulently obtained PPP loan proceeds described
above for his own personal benefit, including for expenses
prohibited under the requirements of the PPP and EIDL programs, such
as the transfer of $160,000.00 of PPP proceeds to defendant RYAN KEITH
BAILEY'S personal accounts at Truist, as well as transfers to his TD
Ameritrade personal brokerage account. The bank records associated
with RKB's account established only $6,517.00 of the PPP loan proceeds
were spent for legitimate business expenses for RKB.
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 8 of 30 PageID #: 85

26. Specifically, on May 1, 2020, $166, 517.40 of PPP loan
proceeds were deposited into the RKB account XX5281 at Pioneer.
27. On May 12, 2020, defendant RYAN KEITH BAILEY transferred the
$160,000.00 from the RKB's Pioneer account to defendant's personal
account at Truist XXXXXXX3150. Defendant RYAN KEITH BAILEY then
transferred $160,000.00 from his Truist account XXXXXXX3150 into
defendant RYAN KEITH BAILEY and T.B.'s other personal account at
Truist, account XXXXXX0760. From May 12, 2020, to May 19, 2020, the
$160,000.00 was transferred out of Truist account XXXXXX0760 to Apex
Clearing.
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 9 of 30 PageID #: 86

COUNT ONE
28. From around May 12, 2020, to in or around May 18, 2020,
in Beckley, Raleigh County, West Virginia, and within the Southern
District of West Virginia and elsewhere, defendant RYAN KEITH BAILEY
did knowingly and willfully steal, purloin, and convert to his own
use things of value of the United States, that is, PPP loan monies
from the SBA and Pioneer Bank having a total value of approximately
$160,000.00.
In violation of Title 18, United States Code, Section 641.
10
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 10 of 30 PageID #: 87

COUNTS TWO THROUGH FIVE
29. The Grand Jury realleges and incorporates by reference
Paragraphs 1 through 27 of this Indictment as though fully set forth
herein.
Initial $150,000 EIDL Loan for RKB from the SBA
30. On or about January 6, 2021, defendant RYAN KEITH BAILEY
obtained an EIDL loan with the SBA Loan number of #XXXXXX8208 from
the SBA in the amount of $150,000.00, to be used for working capital
to alleviate economic injury caused by the COVID-19 pandemic
occurring in the month of January 31, 2020, and continuing
thereafter.
31. Proceeds of the $150,000.00 loan were deposited by
electronic transfer into RKB's Business Account on or about January
14, 2021.
First Modification of RKB Loan
32. On or about December 5, 2021, defendant RYAN KEITH BAILEY
sought a modification of the amount of the original EIDL loan
through an Amended Loan Authorization and Agreement ('"LA&A") . This
modification was approved on or about December 6, 2021, and the
amount of the loan was increased from $150,000.00 to $500,000,00,
a modification of $350,000.00.
33. Proceeds of the $350,000 loan modification were deposited
by electronic transfer into RKB's Business Account on or about
11
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 11 of 30 PageID #: 88

December 10, 2021, a loan modification of $350,000.00.
Second Modification of RKB Loan
34. On or about January 20, 2022, defendant RYAN KEITH BAILEY
sought an additional modification of the EIDL loan through another
LA&A. As a requirement of the SBA's Amended LA&A, defendant RYAN
KEITH BAILEY signed and certified as the Owner/Officer of RKB on or
about January 20, 2022, that the ''Borrower will use all the proceeds
of this Loan solely as working capital to alleviate economic injury
caused by disaster occurring in the month of January 31, 2020, and
continuing thereafter . . . .''
35. The certifications made by defendant RYAN KEITH BAILEY or
on defendant RYAN KEITH BAILEY'S behalf and at defendant RYAN KEITH
BAILEY'S request, induced the SBA to modify the Loan amount from
$500,000.00 to $1,500,000.00 (SBA Loan #XXXXXX8208), a loan
modification of $1,000,000.00.
36. Proceeds of the $1,000,000.00 loan modification were
deposited by electronic transfer into the RKB's Business Account on
or about February 9, 2022.
Third Modification of RKB Loan
37. On or about February 22, 2022, defendant RYAN KEITH BAILEY
sought a modification of the amount of the original EIDL loan
through an additional LA&A. This modification was approved on or
about February 22, 2022, and the amount of the loan was increased
12
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 12 of 30 PageID #: 89

from $1,500,000.00 to $2,000,000.00.
38. Proceeds of the $500,000 loan modification were deposited
by electronic transfer into RKB's Business Account on or about March
1, 2022.
The Scheme to Defraud — EIDL Funds
39. Between in or around January 2021, and January 6, 2023,
defendant RYAN KEITH BAILEY knowingly and willfully used the EIDL
loan proceeds described above fraudulently by using the proceeds for
his own personal benefit as prohibited under the requirements of
the EIDL program, including, but not limited to, the transfer of
over $1,974,900.00 of EIDL proceeds to defendant RYAN KEITH BAILEY's
Personal Accounts, transfers to Coinbase, a cryptocurrency exchange
platform, and to RYAN KEITH BAILEY's TD Ameritrade account.
Specific Offense Conduct ~ EIDL Fraud
40. On or about January 14, 2021, $149, 900.00 of EIDL loan
proceeds were deposited into the RKB Truist business account
XXXXXX6412. That same day, $150,000.00 was transferred to defendant
RYAN KEITH BAILEY'S Personal Account XXXXXX0760.
41. On or about January 15, 2021, $100,000.00 was transferred
from defendant RYAN KEITH BAILEY's Personal Account XXXXXX0760 to
defendant RYAN KEITH BAILEY's TD Ameritrade account. On or about
February 2, 2021, $50,000.00 was transferred from defendant RYAN KEITH
13
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 13 of 30 PageID #: 90

BAILEY'S Personal Account XXXXXX0760 to defendant RYAN KEITH BAILEY's
TD Ameritrade account.
42. On or about December 10, 2021, $350,000.00 of EIDL loan
proceeds were deposited into the RKB Business Account. On December
17, 2021, $375,000.00 was transferred to defendant RYAN KEITH BAILEY's
Personal Account XXXXXX0760. That same day, $5,000.00 was transferred
from defendant RYAN KEITH BAILEY's Personal Account XXXXXX0760 to
American Wager, a gambling company.
43. On or about December 20, 2021, $250,000.00 was transferred
from defendant RYAN KEITH BAILEY's Personal Account XXXXXX0760 to
defendant RYAN KEITH BAILEY's TD Ameritrade account.
44. On or about December 29, 2021, $90,000.00 was transferred
from defendant RYAN KEITH BAILEY's personal account XXXXXX0760 to
defendant RYAN KEITH BAILEY's TD Ameritrade account.
45. On or about December 29, 2021, two transfers totaling
$10,000.00 were made from defendant RYAN KEITH BAILEY's Personal
Account XXXXXX0760 to Draft Kings, a gambling website.
46. On February 9, 2022, $1,000,000.00 of EIDL loan proceeds
were deposited into the RKB Business Account. The $1,000,000.00 of
EIDL funds were used by defendant RYAN KEITH BAILEY as follows:
a. On February 11, 2022, $75,000.00 was transferred from RKB
Business Account to defendant RYAN KEITH BAILEY'S Personal
Account XXXXXX0760. On February 11, 2022, two transfers
14
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 14 of 30 PageID #: 91

were made from defendant RYAN KEITH BAILEY's Personal
Account XXXXXX0760 to Coinbase. 
One transfer was for
$45,000.00 and the other transfer was for $35,000.00.
b. On February 16, 2022, $250,000.00 was transferred from RKB
Business Account to defendant RYAN KEITH BAILEY's Personal
Account XXXXXX0760. On February 24, 2022, a transfer of
$250,000.00 (reversing the February 16, 2022, transaction)
was made from defendant RYAN KEITH BAILEY's Personal
Account XXXXXX0760 to the RKB Business Account.
c. On or about February 18, 2022, $250,000.00 was transferred
out of the RKB Business Account to defendant RYAN KEITH
BAILEY'S TD Ameritrade account.
d. On or about February 22, 2022, $250,000.00 was transferred
out of the RKB Business Account to defendant RYAN KEITH
BAILEY'S TD Ameritrade account.
e. On or about February 24, 2022, $150,000.00 was transferred
out of the RKB Business Account to defendant RYAN KEITH
BAILEY'S TD Ameritrade account.
47. On or about March 1, 2022, $500,000.00 of EIDL loan proceeds
were deposited into the RKB Business Account. The $500,000.00 of EIDL
funds were used by defendant RYAN KEITH BAILEY as follows:
a. On or about March 10, 2022, $250,000.00 was transferred
by an electronic transfer from the RKB Business Account
15
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 15 of 30 PageID #: 92

to TD Ameritrade.
b. On or about April 4, 2022, $250,000.00 was transferred
by an electronic transfer from the RKB's Business
Account to defendant RYAN KEITH BAILEY's TD Ameritrade
account.
c. On or about April 13, 2022, $225,000.00 was transferred
by an electronic transfer from the RKB's Business
Account to defendant RYAN KEITH BAILEY's TD Ameritrade
account.
48. On or about 
December 
28, 
2022, 
$1,140,000.00 
was
transferred from defendant RYAN KEITH BAILEY's TD Ameritrade account
to defendant RYAN KEITH BAILEY's Personal Account XXXXXXX3150.
a. On or about December 27 - 29, 2022, defendant RYAN
KEITH 
BAILEY 
made numerous electronic transfers
totaling 
$1,200,000 
from 
his 
Personal 
Account
XXXXXXX3150 into the RKB Business Account.
b. On or about January 4, 2023, defendant RYAN KEITH
BAILEY made 13 electronic transfers from his RKB
Business Account totaling $1,300,000.00 into his
Personal Account XXXXXXX3150.
c. On or about January 5, 2023, defendant RYAN KEITH
BAILEY electronically transferred $1,000,000.00 from
his Personal Account to defendant's RYAN KEITH BAILEY's
16
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 16 of 30 PageID #: 93

TD Ameritrade account,
d. On or about January 6, 2023, defendant RYAN KEITH
BAILEY transferred $250,000.00 from his Personal
Account to TD Ameritrade.
49. Defendant RYAN KEITH BAILEY knew that he was not entitled
to receive, withdraw, and convert to his own personal use, EIDL
monies received in the RKB Business Account to provide working
capital for COVID-19 relief.
17
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 17 of 30 PageID #: 94

COUNT TWO
50. In or about January 2021, at or near Beckley, Raleigh
County, West Virginia, and within the Southern District of West
Virginia and elsewhere, defendant RYAN KEITH BAILEY did knowingly
and willfully steal, purloin, and convert to his own use things of
value of the United States, that is, EIDL loan monies from the SBA
having a total value of approximately $149,900.00.
In violation of Title 18, United States Code, Section 641.
18
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 18 of 30 PageID #: 95

COUNT THREE
51. On or about December 11, 2021, at or near Beckley, Raleigh
County, West Virginia, and within the Southern District of West
Virginia and elsewhere, defendant RYAN KEITH BAILEY did knowingly
and willfully steal, purloin, and convert to his own use things of
value of the United States, that is, EIDL loan monies from the SBA
having a total value of approximately $350,000.00.
In violation of Title 18, United States Code, Section 641.
19
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 19 of 30 PageID #: 96

COUNT FOUR
52. From in or around February 11, 2022, to in or around
February 24, 2022, in Beckley, Raleigh County, West Virginia, and
within the Southern District of West Virginia and elsewhere,
defendant RYAN KEITH BAILEY did knowingly and willfully steal,
purloin, and convert to his own use things of value of the United
States, that is, EIDL loan monies from the SBA having a total value
of approximately $725,000.00.
In violation of Title 18, United States Code, Section 641.
20
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 20 of 30 PageID #: 97

COUNT FIVE
53. From in or around March 10, 2022, to in or around April
13, 2022, in Beckley, Raleigh County, West Virginia, and within the
Southern District of West Virginia and elsewhere, defendant RYAN
KEITH BAILEY did knowingly and willfully steal, purloin, and convert
to his own use things of value of the United States, that is, EIDL
loan monies from the SBA having a total value of approximately
$750,000.00.
In violation of Title 18, United States Code, Section 641.
21
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 21 of 30 PageID #: 98

COUNTS SIX THROUGH FORTY-NIl^rE
54. The Grand Jury realleges and incorporates by reference
Paragraphs 1 through 27 and Paragraphs 29 through 49 of this
Indictment as though fully set forth herein.
55. From on or about May 1, 2020, to in or around January
2023, at various locations within the Southern District of West
Virginia and elsewhere, defendant RYAN KEITH BAILEY, knowingly
engaged in monetary transactions by and through a financial
institution, affecting interstate commerce, involving criminally
derived property of a value greater than $10,000.00, which property
was derived from specified unlawful activity (Theft of Government
Funds), wherein defendant RYAN KEITH BAILEY conducted money
laundering transactions totaling approximately $6,163,270.00, each
transaction below constituting a separate count:
Coiini:
Date
From Acct
Number
Name on
Account
To
Account
Number
Name on
Account
Amount
6
5/12/20
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
$160,000.00
7
5/12/20
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXX3306
Apex
Clearing
$30,000.00
8
5/13/20
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXX3306
Apex
Clearing
$25,000.00
22
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 22 of 30 PageID #: 99

9
5/14/20
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXX3306
Apex
Clearing
$30,000.00
10
5/15/20
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXX3306
Apex
Clearing
$29,130.00
11
5/18/20
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXX3306
Apex
Clearing
$29,140.00
12
1/15/21
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXX3306
TD
Ameritrade
$100,000.00
13
2/2/21
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXX3306
TD
Ameritrade
$50,000.00
14
12/20/21
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXX3306
TD
Ameritrade
$250,000.00
15
12/29/21
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXX3306
TD
Ameritrade
$90,000.00
16
2/11/22
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
[Unknown]
Coinbase
$45,000.00
17
2/11/22
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
[Unknown]
Coinbase
$35,000.00
18
2/24/22
XXXXXX0760
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$250,000.00
23
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 23 of 30 PageID #: 100

19
4/13/22
XXXXXX6412
RKB INC.
XXXXX3306
TO
Ameritrade
$250,000.00
20
12/28/22
XXXXX3306
Defendant
RYAN KEITH
BAILEY
XXXXXXX3150
T.B, and
defendant
RYAN KEITH
BAILEY
$1,140,000.00
21
12/27/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$25,000.00
22
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$20,000.00
23
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$40,000.00
24
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
25
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
26
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
27
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
28
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
24
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 24 of 30 PageID #: 101

29
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
30
12/28/22
XXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
31
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
32
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
33
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
34
12/28/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$100,000.00
35
12/29/22
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
XXXXXX6412
RKB
$15,000.00
36
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
37
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
38
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
25
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 25 of 30 PageID #: 102

39
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
40
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
41
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
42
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
43
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
44
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
43
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
46
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
47
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
48
1/4/23
XXXXXX6412
RKB
XXXXXXX3150
T.B. and
defendant
RYAN KEITH
BAILEY
$100,000.00
26
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 26 of 30 PageID #: 103

T.B. and
49
1/5/23
XXXXXXX3150
defendant
RYAN KEITH
BAILEY
XXXXX3306
TD
Ameritrade
$1,000,000.00
All in violation of Title 18, United States Code, Section
1957.
27
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 27 of 30 PageID #: 104

Notice of Forfeiture
The allegations contained in this Indictment are hereby
re-alleged and incorporated by reference for the purpose of
giving notice of forfeiture pursuant to 18 U.S.C. §§ 981, 982
and 28 U.S.C. § 2461(c).
Pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1), 28 U.S.C.
§
 24 61 (c) and Rule 32.2 of the Federal Rules of Criminal
Procedure, and premised upon conviction of defendant RYAN KEITH
BAILEY of the offenses in violation of 18 U.S.C. § 641, as
charged in Counts 1 through 5 of this Indictment, or 18 U.S.C.
§ 1957, as charge in Counts 6 through 49 of this Indictment,
defendant RYAN KEITH BAILEY shall forfeit to the United States
of America any property real or personal which constituting, or
derived from, any proceeds traceable to the violations charged
herein, and any property involved in or used in the offense(s).
Under Section 2461(c), criminal forfeiture is applicable to
any offenses for which forfeiture is authorized by any other
statute, including, but not limited to 18 U.S.C. §§ 981, 982 and
all specified unlawful activities listed or referenced in 18
U.S.C. § 1957, which are incorporated as to proceeds by Section
982(a)(1). The following property is subject to forfeiture in
accordance with Section 982 and/or
28
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 28 of 30 PageID #: 105

2461(c):
a. All property which constitutes or is derived from
proceeds 
of the violations set forth 
in this
Indictment;
b.All property involved in such violations or traceable
to property involved in such violations; and
c. If, as set forth in 21 U.S.C. § 853 (p), any property
described in (a) or (b) cannot be located upon the
exercise of due diligence, has been transferred or
sold to, or deposited with, a third party, has been
placed beyond the jurisdiction of the court, has been
substantially diminished in value, or has been
commingled 
with other property 
which cannot be
divided without difficulty, all other property of
the defendant's to the extent of the value of the
property described in (a) and (b).
The following property is subject to forfeiture on one or
more grounds stated above:
1 . $66,506.23 from Truist Account No. XXXXXX6412;
2 . $55,049.44 from Truist Account No. XXXXXX3150;
3 . $23,541.50 from Truist Account No. XXXXXX0760;
4
 . $1,203,152.61 
from 
TD 
Ameritrade 
Account 
No.
XXXXX3306;
29
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 29 of 30 PageID #: 106

5 . A forfeiture money judgment in the amount of
approximately $5,165/020.22 such amount constituting
the proceeds of the violations set forth in this
Indictment and including such relevant conduct that is
included in this Indictment.
WILLIAM S. THOMPSON
United States Attorney
By:
Sj.
ERIK S. GOES
Assistant United States Attorney
30
Case 5:24-cv-00456     Document 16-2     Filed 11/22/24     Page 30 of 30 PageID #: 107

File and source

File

gov.uscourts.wvsd.239921.16.2.pdf

Size

1,115,345 bytes

SHA-256

c27e4b8162e9982db56a299fd1762b49dbb4022310778f7dd655d4fc2b33f2f8

Our copy

gov.uscourts.wvsd.239921.16.2.pdf

Original

PACER (login required)