Order on Government's Motion to Lift Stay — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 23.1)
Summary
Document 23-1 in Case 5:23-cv-00393 is an Order on the Government's Motion to Lift Stay in the Southern District of West Virginia at Beckley. The order recites that on December 31, 2024, the Court ordered the action stayed pending the criminal proceedings in United States of America v. Ross Bailey and retired the matter to the inactive docket. It states that Mr. Bailey was sentenced to Five (5) years of probation, with the first twenty-four (24) months on home confinement with electronic monitoring, and that the government reports a stipulated settlement agreement. The order text states that the Court GRANTS the Government's Motion, LIFTS the stay, and REINSTATES this matter to the active docket. The signature block names Frank W. Volk, Chief Judge.
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“Order on Government's Motion to Lift Stay — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 23.1).”
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, SHA-256 8c1570891e096ffeb4701995cd761188e7c20cbce5174dc2ff956e44aea51430.Full text
Case 5:23-cv-00393 Document 23-1 Filed 05/19/26 Page 1 of 2 PageID #: 108
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.
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 23-1 Filed 05/19/26 Page 2 of 2 PageID #: 109
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: ____________________________.
_________________________________________
FRANK W. VOLK, CHIEF JUDGE
United States District Court
2
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