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Motion to Lift Stay — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 23)

Summary

In Case 5:23-cv-00393, Document 23, the United States of America moves the Court to lift the stay entered in the civil asset forfeiture action. The motion states that on December 10, 2024, Claimant Ross Bailey filed a Motion for Stay, which the Court granted pending resolution of the criminal proceedings in United States of America v. Ross Bailey. It states that Ross Bailey was sentenced on April 27, 2026, to Five (5) years of probation, with the first twenty-four (24) months on home confinement with electronic monitoring, after a guilty plea to theft of government funds. It states that Claimant Ross Bailey and the United States have signed a stipulated settlement agreement which will resolve this matter.

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“Motion to Lift Stay — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 23).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wvsd-236863-23-0-801ece659b/, SHA-256 2ba758cffde7f7f1c7ddd45ec03569cc1c81656219d7fbd7f9ec2e5e21e03987.

Full text

     Case 5:23-cv-00393       Document 23         Filed 05/19/26      Page 1 of 2 PageID #: 106




                       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.


                                     MOTION TO LIFT STAY

         Plaintiff, the United States of America, respectfully requests that the Court lift the stay

entered in the above-captioned civil asset forfeiture action and states the following in support

thereof:

         On May 17, 2023, an in rem Verified Complaint of Forfeiture was filed in this case which

prayed for relief in the form of asset forfeiture of the Defendant Assets under 18 U.S.C.

981(a)(1)(C) because the funds in each account are proceeds of the theft of government funds in

violation of 18 U.S.C. § 641, wire fraud in violation of 18 U.S.C. § 1343, submitting false,

fictitious, or fraudulent claims for money to the U.S. government programs in violation of 18

U.S.C. § 287, money laundering including financial transfers and transactions in violation of 18

U.S.C. § 1957 and 1956. [ECF 1].
  Case 5:23-cv-00393         Document 23       Filed 05/19/26      Page 2 of 2 PageID #: 107




        On December 10, 2024, Claimant Ross Bailey filed a Motion for Stay with the Court

[ECF 14]. The Court granted the Motion for Stay pending resolution of the criminal proceedings

in United States of America v. Ross Bailey, Criminal Action No. 5:24-cr-00105. [ECF 21].

        On April 27, 2026, Claimant Ross 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 after entering a guilty plea to 18 U.S.C. § 641 (theft of

government funds) in Criminal Action No. 5:24-cr-00105 [ECF 74]. No Notice of Appeal has

been filed in the criminal action, and it appears Claimant Ross Bailey’s underlying criminal

matters have been adjudicated.

        Claimant Ross Bailey and the Plaintiff United States of America have signed a stipulated

settlement agreement which will resolve this matter. Upon the lifting of the stay, the United

States will file the appropriate documents for the Court’s review and approval.

        WHEREFORE, for all the reasons stated herein, Plaintiff United States of America

respectfully moves that the Court enter an Order lifting the stay in the above-captioned civil-

forfeiture action.


                                              Respectfully submitted,

                                              MOORE CAPITO
                                              United States Attorney

                                      By:     /s/ Justin A. Marlowe
                                              Assistant United States Attorney
                                              WV State Bar No. 9695
                                              United States Attorney’s Office
                                              300 Virginia Street, E, Room 4000
                                              Charleston, West Virginia 25301
                                              P: 304-345-2200 F: 304-347-5104
                                              E: justin.marlowe@usdoj.gov
                                              Counsel for United States

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