Application for Entry of Default by the Clerk — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 25)
Summary
Document 25 in Case 5:23-cv-00393 is an Application for Entry of Default by the Clerk, filed by the United States of America through Justin A. Marlowe, Assistant United States Attorney for the Southern District of West Virginia. It asks for default against would-be-claimants Ally Invest Securities, LLC, First Community Bank, Small Business Administration, and R&R Delivery Service, Inc. The application states that the Notice of Forfeiture Action was mailed on November 24, 2023, and that those entities failed to file a claim and answer. It also states that the Small Business Administration filed a Petition for Remission on December 19, 2023, and that Ross Bailey filed an Answer on December 22, 2023.
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“Application for Entry of Default by the Clerk — United States v. $168,849.42 Seized from First Community Bank et al. (Dkt. 25).”
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Case 5:23-cv-00393 Document 25 Filed 05/28/26 Page 1 of 3 PageID #: 112
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.
APPLICATION FOR ENTRY OF
DEFAULT BY THE CLERK
COMES NOW the United States of America, by counsel, Justin A. Marlowe, Assistant United
States Attorney for the Southern District of West Virginia, pursuant to Rules 55(a) and 55(b)(1) of
the Federal Rules of Civil Procedure, and does hereby apply to the Clerk of this Honorable Court for
an entry of default against would-be-claimants Ally Invest Securities, LLC, First Community Bank,
Small Business Administration, and R&R Delivery Service, Inc. In support of said Application, the
United States represents as follows:
1. The United States filed a Verified Complaint of Forfeiture in rem against the above-
referenced Defendants on May 17, 2023, hereinafter [“Defendant Currency”]. [ECF 1].
Case 5:23-cv-00393 Document 25 Filed 05/28/26 Page 2 of 3 PageID #: 113
2. On May 18, 2023, the Clerk of this Court issued a “Warrant of Arrest and Notice in
rem” for the arrest of the Defendant Currency pursuant to Rule G(3)(b)(i), Supplemental Rules for
Admiralty or Maritime Claims and Asset Forfeiture Actions. [ECF 3].
3. The United States identified Ross Bailey, Ally Invest Securities, LLC, First
Community Bank, Small Business Administration, and R&R Delivery Service, Inc. as potential
claimants to the Defendant Currency seized and/or frozen in this matter.
4. The United States published “Notice of Forfeiture Action” 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. [ECF 9].
5. On November 24, 2023, the United States mailed via United States mail certified
return receipt the Notice of Forfeiture Action to the potential would-be-claimants, notifying them that
the United States was seeking forfeiture of the Defendant Currency. [ECF 11].
6. The Notice of Forfeiture Action directed all would-be-claimants to file a claim
within 35 days of the date of service and an answer within 21 days of the filing of this claim.
7. More than 60-days has lapsed since Ally Invest Securities, LLC, First Community
Bank, Small Business Administration, and R&R Delivery Service, Inc. were served in this case.
8. The following entities have failed to file a claim and answer to the Notice of
Forfeiture to Defendant Currency and are therefore in default. Those entities are Ally Invest
Securities, LLC, First Community Bank, Small Business Administration, and R&R Delivery
Service, Inc., and therefore the United States requests that an entry of default be issued against them
by the Clerk.
2
Case 5:23-cv-00393 Document 25 Filed 05/28/26 Page 3 of 3 PageID #: 114
9. On December 19, 2023, the Small Business Administration filed a Petition for
Remission against the Defendant Currency. The Small Business Administration’s claim will be
settled through the remission process.
10. On December 22, 2023, Ross Bailey filed an Answer to the Verified Complaint of
Forfeiture. [ECF 10].
WHEREFORE, based on the foregoing, the United States respectfully requests that a default
be entered against would-be-claimants Ally Invest Securities, LLC, First Community Bank, Small
Business Administration, and R&R Delivery Service, Inc., and therefore the United States requests
that an entry of default be issued against them by the Clerk.
Dated this 28th day of May, 2026.
Respectfully submitted,
MOORE CAPITO
United States Attorney
By: /s/ Justin A. Marlowe
JUSTIN A. MARLOWE
Assistant United States Attorney
WV State Bar No. 9695
United States Attorney’s Office
300 Virginia Street, E, Room 4000
Charleston, West Virginia 25301
P: 304-345-2200 F: 304-347-5104
E: justin.marlowe@usdoj.gov
Counsel for United States
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