Exhibit A — United States v. Bailey and RKB, Inc.

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Exhibit A to a filing of November 15, 2024, in United States v. Ryan Bailey and RKB, Inc., Civil Action No. 5:24-cv-00456, in the United States District Court for the Southern District of West Virginia, Beckley Division. The exhibit is an order in Criminal Action No. 5:24-cr-00106 entered October 24, 2024, which states that the Court finds Ryan Bailey eligible for appointed counsel and appoints G. Todd Houck, CJA Panel Attorney, in that criminal case and in Civil Action No. 5:24-cv-00456. It quotes Guide to Judiciary Policy sections on ancillary matters and civil forfeiture proceedings, and orders the Clerk to file a Personal Cash Flow Worksheet under SEAL. The order closes with the name of Omar J. Aboulhosn, United States Magistrate Judge.

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Case 5:24-cv-00456 Document15-1 Filed 11/15/24 Page 1of 5 PagelD #: 63

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

BECKLEY DIVISION
UNITED STATES OF AMERICA, PLAINTIFF,
v. CIVIL ACTION NO. 5:24-cv-00456
RYAN BAILEY and RKB, INC., DEFENDANT.

EXHIBIT A
Case 5:24-cv-00456 Document15-1 Filed 11/15/24 Page 2 of 5 PagelD #: 64
Case 5:24-cr-00106 Document45_ Filed 10/24/24 Page 1 of 4 PagelD #: 160

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

BECKLEY DIVISION
UNITED STATES OF AMERICA )
vs. Criminal Action No. 5:24-cr-00106
RYAN BAILEY, Civil Action No. 5:24-cv-00456
Defendant.
)
ORDER

On September 24, 2024, the Court conducted a Status Conference (ECF No. 39) regarding
the Defendant eligibility for court appointed counsel. The Court directed the Defendant and his
tentatively appointed CJA Panel Attorney, Todd Houck, to complete a more thorough financial
disclosure of income and expenses for the Court to decide on the Defendant’s eligibility for
appointed counsel. On October 24, 2024, the Court received a detailed Personal Cash Flow
Worksheet by the Defendant.' During that said Status Conference, counsel for the Defendant also
inquired of the Court as to the eligibility for the Defendant to have representation in an auxiliary
matter styled: United States of America v. $66,506.26 Seized from Truist, Account Number
XX6412 et al Case No. 5:23-cv-00406 which is directly related to the pending criminal matter.

Upon review of the detailed Personal Cash Flow Worksheet as well as the Financial
Affidavit submitted by the Defendant on August 14, 2024 (ECF Doc. 23) , the Court FINDS that
the Defendant is eligible for representation by appointed counsel and to the extent that Mr. Houck
was tentatively appointed herein, the Court fully appoints Mr. Houck to represent the Defendant

in this criminal matter.

1 The Clerk is ORDERED to file the said Personal Cash Flow Worksheet under SEAL.
Case 5:24-cv-00456 Document15-1 Filed 11/15/24 Page 3 of 5 PagelD #: 65
Case 5:24-cr-00106 Document45 Filed 10/24/24 Page 2 of 4 PagelD #: 161

As to the request for appointment to the auxiliary matter of United States of America v.
66,506.26 Seized from Truist, Account Number XX6412 et al Case No. 5:23-cv-00406, the
Court finds the Defendant qualifies for eourappointed counsel pursuant to Guide to Judiciary
Policy Vol. 7A, Ch. 2 §§ 210.20.30 and 210.20.40 and which provides as follows:
§ 210.20.30 Ancillary Matters

(a) Representation may be furnished for financially eligible persons in “ancillary
matters appropriate to the proceedings” under 18 U.S.C. § 3006A(c).

(b) In determining whether a matter is ancillary to the proceedings, the court should
consider whether the matter, or the issues of law or fact in the matter, arose from,
or are the same as or closely related to, the facts and circumstances surrounding the
principal criminal charge.

(c) In determining whether representation in an ancillary matter is appropriate to
the proceedings, the court should consider whether such representation is
reasonably necessary to accomplish, among other things, one of the following
objectives:

(1) to protect a Constitutional right;

(2) to contribute in some significant way to the defense of the principal
criminal charge;

(3) to aid in preparation for the trial or disposition of the principal criminal
charge;

(4) to enforce the terms of a plea agreement in the principal criminal charge;

(5) to preserve the claim of the CJA client to an interest in real or personal
property subject to a civil forfeiture proceeding under 21 U.S.C. § 881, 19
U.S.C. § 1602 or similar statutes, which property, if recovered by the CJA
client, may be considered for reimbursement under 18 U.S.C. § 3006A(f)
and Guide, Vol. 7A, § 210.40.30; or

(6) to effectuate the return of real or personal property belonging to the CJA
client which may be subject to a motion for return of property under Fed.
R. Crim. P. 41(g), which property, if recovered by the CJA client, may be
considered for reimbursement under 18 U.S.C. § 3006A(f) and Guide, Vol.
7A, § 210.40.30.
Case 5:24-cv-00456 Document15-1 Filed 11/15/24 Page 4 of 5 PagelD #: 66
Case 5:24-cr-00106 Document45 Filed 10/24/24 Page 3 of 4 PagelD #: 162

(d) The scope of representation in the ancillary matter should extend only to the
part of the ancillary matter that relates to the principal criminal charge and to the
correlative objective sought to be achieved in providing the representation (e.g.,
a CJA defendant in a criminal stock fraud case should be represented by CJA
counsel at the defendant’s deposition in a parallel civil fraud action for the limited
purpose of advising the defendant concerning the defendant’s Fifth Amendment
rights).

(e) Representation in an ancillary matter is compensable as part of the
representation in the principal matter for which counsel has been appointed and is
not considered a separate appointment for which a separate compensation
maximum would be applicable under § 230.23.10(g).

(f) A private panel attorney appointed under the CJA may obtain, through an ex
parte application to the court, a preliminary determination that the representation
to be provided in an ancillary matter is appropriate to the principal criminal
proceeding and compensable under 18 U.S.C. § 3006A(c) and this guideline.
However, failure to obtain such a preliminary determination does not bar the court
from approving compensation for representation in an ancillary matter provided
that the services and compensation related thereto are justified in a memorandum
submitted by the attorney to the court at the conclusion of the principal criminal
matter and the presiding judicial officer finds that such representation was
appropriate.

§ 210.20.40 Civil Forfeiture Proceedings

(a) Under 18 U.S.C. § 983(b)(1), if a person with standing to contest the
forfeiture of property in a judicial civil forfeiture proceeding under a civil forfeiture
statute is financially unable to obtain representation by counsel, and the person is
represented by counsel appointed under 18 U.S.C. § 3006A in connection with a
related criminal case, the court may authorize counsel to represent that person with
respect to the claim.

(b) In determining whether to authorize counsel to represent a person in a
judicial civil forfeiture proceeding under a civil forfeiture statute, the court must
take into account such factors as:

* the person’s standing to contest the forfeiture; and

* whether the claim appears to be made in good faith.

The undersigned FINDS that the ancillary civil matter is so intertwined with the criminal
Case 5:24-cv-00456 Document15-1 Filed 11/15/24 Page 5 of 5 PagelD #: 67
Case 5:24-cr-00106 Document45 Filed 10/24/24 Page 4 of 4 PagelD #: 163

matter that representation by appointed of counsel in the civil matter is reasonably necessary to
accomplish, the following objectives as outlined in Guide to Judiciary Policy Vol. 7A, Ch. 2
§210.20.30 and/or §210.20.40. Therefore, it is ORDERED G. Todd Houck, CJA Panel Attorney,
is APPOINTED to represent the Defendant in both Criminal Action No. 5:24-cr-106 and Civil
Action No. 5:24-cv-00456.

The Clerk is DIRECTED to forward a copy of this Order to all counsel of record in both
cases, but that such financial documents submitted herein shall remain under SEAL and not be
disclosed to opposing counsel.

ENTERED: October 24, 2024.

Omar J. Aboulhosn
United States Magistrate Judge


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