Default Judgment, Final Order of Forfeiture and Stipulation and Settlement Agreement — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 29.3)

Summary

Document 29-3 in Case 5:23-cv-00393 is a Default Judgment, Final Order of Forfeiture and Stipulation and Settlement Agreement. It recites that Ross Jay Bailey signed a Plea Agreement on June 2, 2025, consented to forfeiture of the seized and frozen funds, and that Ally Invest Securities, LLC, First Community Bank, and R&R Delivery Service, Inc. failed to file a claim and answer. It recites that the criminal judgment granted restitution to the U.S. Small Business Administration in the amount of $1,596,301.46. It orders all right, title and interest in $168,849.42, $299,604.40, $2,333,832.28 and $45,000 CONDEMNED, FORFEITED, and VESTED to the United States of America.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Default Judgment, Final Order of Forfeiture and Stipulation and Settlement Agreement — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 29.3).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wvsd-236863-29-3-9ad5e44655/, SHA-256 861e647ed48e2b8afc8bbefddea84216c7f88facd1131153f91b52b5528e1e24.

Full text

Case 5:23-cv-00393 Document 29-3 Filed 06/23/26 Page 1 of 5 PageID #: 162

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;

1
Case 5:23-cv-00393 Document 29-3 Filed 06/23/26 Page 2 of 5 PageID #: 163

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
2
Case 5:23-cv-00393 Document 29-3 Filed 06/23/26 Page 3 of 5 PageID #: 164

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).

3
Case 5:23-cv-00393 Document 29-3 Filed 06/23/26 Page 4 of 5 PageID #: 165

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 ____ day of ____________, 2026.

ENTER:

_________________________________
FRANK W. VOLK, CHIEF JUDGE
UNITED STATES DISTRICT COURT

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
4
Case 5:23-cv-00393 Document 29-3 Filed 06/23/26 Page 5 of 5 PageID #: 166

Telephone: 304-345-2200
Fax: 304-347-5104
Email: Justin.Marlowe@usdoj.gov

File and source

File: gov.uscourts.wvsd.236863.29.3.pdf
Size: 190,797 bytes
SHA-256: 861e647ed48e2b8afc8bbefddea84216c7f88facd1131153f91b52b5528e1e24
Our copy: gov.uscourts.wvsd.236863.29.3.pdf
Original: No public link identified.