Warrant of Arrest and Notice in Rem — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 2)

Summary

Document 2 in Case 5:23-cv-00393 is a Warrant of Arrest and Notice in Rem addressed to the United States Marshal for the Southern District of West Virginia. It recites that on May 17, 2023, the United States filed a Verified Complaint of Forfeiture against defendant currency, including $168,849.42 and $299,604.40 seized from First Community Bank and funds frozen from Ally Invest Securities, LLC. The warrant commands arrest of the defendant currency and custody until further Order of the Court, and publication of notice once a week for three consecutive weeks or on an official internet government forfeiture site for at least 30 consecutive days. Persons with an interest must file a verified claim within thirty-five (35) days after the notice was sent.

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Full text

   Case 5:23-cv-00393       Document 2      Filed 05/18/23    Page 1 of 3 PageID #: 20




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

UNITED STATES OF AMERICA,

                            Plaintiff,

       v.                                         CIVIL ACTION NO.: 5:23-cv-393

$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


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   Case 5:23-cv-00393           Document 2       Filed 05/18/23      Page 2 of 3 PageID #: 21




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



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  Case 5:23-cv-00393          Document 2      Filed 05/18/23      Page 3 of 3 PageID #: 22




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




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