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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)

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).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-wvsd-236863-25-0-96316c0316/, SHA-256 7c26a25d968e9f9dd96df9412e045db695f6b362d67a37960a112e958364794b.

Full text

     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




                                                  3


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