Warrant of Arrest and Notice In Rem — United States v. $168,849.42 Seized from First Community Bank, et al. (S.D. W. Va. No. 5:24-cr-00105)

Record facts

U.S. District Court, Southern District of West Virginia (Beckley) · No. 5:23-cv-00393 · Doc. 3 · 2023-05-18 · Docket on CourtListener

Full text

1 
UNITED STATES DISTRICT COURT FOR THE 
SOUTHERN DISTRICT OF WEST VIRGINIA 
BECKLEY 
UNITED STATES OF AMERICA, 
Plaintiff, 
v. 
CIVIL ACTION NO.: 
$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 CASH FROZEN FROM ALLY INVEST SECURITIES, LLC, ACCOUNT 
NUMBER XXX-X6295-11 RR A34;  
$45,000.00 SECURITIES FROZEN FROM ALLY INVEST SECURITIES, LLC, ACCOUNT 
NUMBER XXX-X6295-11 RR A34; 
Defendant. 
WARRANT OF ARREST AND NOTICE IN REM 
TO: 
UNITED STATES MARSHAL FOR THE 
SOUTHERN DISTRICT OF WEST VIRGINIA 
OR ANY OF HIS AUTHORIZED DEPUTIES 
WHEREAS, on May 17, 2023, the United States filed a Verified Complaint of Forfeiture 
in the United States District Court for the defendant $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 Cash Frozen From Ally Invest Securities, LLC, Account Number 
XXX-X6295-11 RR A34; $45,000.00 Securities Frozen From Ally Invest Securities, LLC,
Account Number XXX-X6295-11 RR A34, Raleigh County, in the Southern District of West 
Virginia, alleging that the defendant currency was involved in one or more transactions or 
5:23-cv-393
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attempted transactions in violation of 18 U.S.C. §§ 287,641, 1343, and 1956, and the defendant 
assets are also involved in monetary transactions in violation of 18 U.S.C. § 1957 or are traceable 
to property involved in such transactions and, therefore, is subject to forfeiture to the United States 
pursuant to 18 U.S.C. §§ 981(a)(1)(A), (1)(C), and 985, and the Rules of Civil Procedure.  
WHEREAS, in these circumstances Rule G(3)(b)(i) of the Supplemental Rules for 
Admiralty or Maritime Claims and Asset Forfeiture Actions directs the Clerk of the Court to 
issue an arrest warrant in rem for the arrest of the above-referenced defendant; and 
WHEREAS, the above-listed defendant currency is not in the custody of the United 
States or any of its agents.  
YOU ARE, THEREFORE, COMMANDED to arrest the said Defendant currency and 
to maintain custody of it until further Order of this Court respecting the same; and 
YOU ARE FURTHER COMMANDED TO PUBLISH, or cause the United States 
Attorney to publish, notice of this forfeiture action either in a newspaper of general circulation 
within the district once a week for three consecutive weeks, or on an  official internet 
government forfeiture site for at least 30 consecutive days, beginning as soon as possible. 
A RETURN of this warrant shall be promptly made to the Court identifying the 
individuals upon whom copies were served and the manner employed, and a statement as 
to the satisfaction of the orders herein issued. 
All persons thought to have an interest in or claim against the above-listed defendant 
currency must file a verified claim with the Clerk of this Court, pursuant to 18 U.S.C. § 
983(a)(4)(A) and Rule G(5)(a) of the Supplemental Rules for Certain Admiralty and Maritime 
Case 5:23-cv-00393     Document 3     Filed 05/18/23     Page 2 of 3 PageID #: 27

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Claims, within thirty-five (35) days after the date on which this notice was sent, and shall serve 
and file their answers or a  motion under Rule 12, as directed by Supplemental Admiralty Rule 
G(5)(b), within twenty-one (21) days after the filing of their claims. A claimant waives an 
objection to in rem jurisdiction or to venue if the objection is not made by motion or stated in 
the answer. 
All such claims and answers must be filed with the Office of the Clerk, United States 
District Court, Robert C. Byrd United States Courthouse, 110 N. Heber Street, Room 119, 
Beckley, West Virginia 25801, with copies thereof sent to Christopher A. Arthur, Assistant 
United States Attorney, 300 Virginia Street East, Room 4000, Charleston, West Virginia 
25301. Filing with the Clerk's Office and service upon the United States also may be done 
electronically by accessing the following website: https://ecf.wvsd.uscourts.gov, referencing 
this civil action. 
Failure to file such verified claims and answers in the proper form and in a timely 
manner may result in such pleadings being stricken from the record or the plaintiff seeking a 
default or final judgment as may be appropriate.    
Dated this 
 day ______________________ of , 2023. 
RORY PERRY II, Clerk 
United States District Court 
By: 
____________________ 
Deputy Clerk 
18
May
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