Declaration of Publication of Notice of Civil Forfeiture, Case 5:23-cv-00393, Document 9
Summary
Document 9 in Case 5:23-cv-00393 is a Declaration of Publication stating that Notice of Civil Forfeiture was posted on an official government internet site for at least 30 consecutive days, beginning on November 10, 2023, and ending on December 9, 2023. It is executed on December 14, 2023, at Beckley, West Virginia, with the signature line s/ Christopher R. Arthur, Assistant United States Attorney. Attachment 1, the Notice of Forfeiture Action, tells any person claiming a legal interest to file a verified Claim within 60 days from the first day of publication and an Answer within 21 days thereafter. It also describes petitions for remission or mitigation, and an Advertisement Certification Report lists each day of the publication period as Verified.
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“Declaration of Publication of Notice of Civil Forfeiture, Case 5:23-cv-00393, Document 9.”
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Case 5:23-cv-00393 Document 9 Filed 12/14/23 Page 1 of 4 PageID #: 35
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 CASH FROZEN FROM ALLY INVEST SECURITIES, LLC, ACCOUNT
NUMBER XX-X6295-11 RRA34;
$45,000 FROZEN FROM ALLY INVEST SECURITIES, LLC, ACCOUNT
NUMBER XXX-X6295-11 RRA34;
Defendants in rem.
DECLARATION OF PUBLICATION
Notice of Civil Forfeiture was posted on an official government internet site
(www.forfeiture.gov) 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, as evidenced in Attachment 1.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
December 14, 2023, at Beckley, West Virginia.
Respectfully submitted,
WILLIAM S. THOMPSON
United States Attorney
By: /s/Christopher R. Arthur
CHRISTOPHER R. ARTHUR
Assistant United States Attorney
WV State Bar No. 9192
300 Virginia Street, East, Room 4000
Charleston, WV 25301
Telephone: 304-345-2200
Case 5:23-cv-00393 Document 9 Filed 12/14/23 Page 2 of 4 PageID #: 36
Attachment 1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
COURT CASE NUMBER: 5:23-CV-00393; NOTICE OF FORFEITURE ACTION
Pursuant to 18 U.S.C. § 981, the United States filed a verified Complaint for Forfeiture
against the following property:
$168,849.42 SEIZED FROM FIRST COMMUNITY BANK, ACCOUNT NUMBER
8602781 Acct# 8602781 (23-NAS-000006)
$299,604.40 SEIZED FROM FIRST COMMUNITY BANK, ACCOUNT NUMBER
9572600 Acct# 9572600 (23-NAS-000007)
$2,333,832.28 CASH FROZEN FROM ALLY INVEST SECURITIES, LLC,
ACCOUNT NUMBER XXX-X6295-11 RR A34 Acct# 643-56295-11-RR-A34
(23-NAS-000008)
$45,000.00 SECURITIES FROZEN FROM Ally Investment Securities, LLC Acct#
643-56295-11-RR-A34 (23-NAS-000009)
Any person claiming a legal interest in the Defendant Property must file a verified Claim
with the court within 60 days from the first day of publication (November 10, 2023) of this
Notice on this official government internet web site and an Answer to the complaint or
motion under Rule 12 of the Federal Rules of Civil Procedure within 21 days thereafter.
18 U.S.C. § 983(h)(1) permits a court to impose a civil fine on anyone asserting an interest
in property which the court determines was frivolous.
The verified Claim and Answer must be filed with the Clerk of the Court, 110 North Heber
Street, Room 119, Beckley, WV 25801, and copies of each served upon Assistant United
States Attorney Christopher Arthur, 110 North Heber Street, Room 119, Beckley, WV
25801, or default and forfeiture will be ordered. See, 18 U.S.C. § 983(a)(4)(A) and Rule
G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture
Actions.
The government may also consider granting petitions for remission or mitigation, which
pardon all or part of the property from the forfeiture. A petition must include a description
of your interest in the property supported by documentation; include any facts you believe
justify the return of the property; and be signed under oath, subject to the penalty of
perjury, or meet the requirements of an unsworn statement under penalty of perjury. See
28 U.S.C. Section 1746. For the regulations pertaining to remission or mitigation of the
forfeiture, see 28 C.F.R. Sections 9.1 - 9.9. The criteria for remission of the forfeiture are
found at 28 C.F.R. Section 9.5(a). The criteria for mitigation of the forfeiture are found at
28 C.F.R. Section 9.5(b). The petition need not be made in any particular form and may
be filed online or in writing. You should file a petition not later than 11:59 PM EST 30 days
after the date of final publication of this notice. See 28 C.F.R. Section 9.3(a). The
https://www.forfeiture.gov/FilingPetition.htm website provides access to a standard petition
Case 5:23-cv-00393 Document 9 Filed 12/14/23 Page 3 of 4 PageID #: 37
form that may be mailed and the link to file a petition online. If you cannot find the desired
assets online, you must file your petition in writing by sending it to Assistant United States
Attorney Christopher Arthur, 110 North Heber Street, Room 119, Beckley, WV 25801.
This website provides answers to frequently asked questions (FAQs) about filing a petition.
You may file both a verified claim with the court and a petition for remission or mitigation.
Case 5:23-cv-00393 Document 9 Filed 12/14/23 Page 4 of 4 PageID #: 38
Advertisement Certification Report
The Notice of Publication was available on the www.forfeiture.gov web site for at least 18 hours per day
between November 10, 2023 and December 09, 2023. Below is a summary report that identifies the
uptime for each day within the publication period and reports the results of the web monitoring system’s
daily check that verifies that the advertisement was available each day.
U.S. v. $168,849.42 Seized from First Community Bank etal.
Court Case No: 5:23-CV-00393
For Asset ID(s): See Attached Advertisement Copy
Consecutive Date Advertisement Total Hours Web Site Verification that
Calendar Day Appeared on the was Available during Advertisement
Count Web Site Calendar Day existed on Web Site
1 11/10/2023 23.9 Verified
2 11/11/2023 23.9 Verified
3 11/12/2023 24.0 Verified
4 11/13/2023 23.9 Verified
5 11/14/2023 24.0 Verified
6 11/15/2023 23.9 Verified
7 11/16/2023 23.9 Verified
8 11/17/2023 23.9 Verified
9 11/18/2023 23.9 Verified
10 11/19/2023 23.9 Verified
11 11/20/2023 23.9 Verified
12 11/21/2023 23.9 Verified
13 11/22/2023 24.0 Verified
14 11/23/2023 24.0 Verified
15 11/24/2023 23.9 Verified
16 11/25/2023 23.9 Verified
17 11/26/2023 24.0 Verified
18 11/27/2023 23.9 Verified
19 11/28/2023 23.9 Verified
20 11/29/2023 23.9 Verified
21 11/30/2023 23.9 Verified
22 12/01/2023 23.9 Verified
23 12/02/2023 23.9 Verified
24 12/03/2023 23.9 Verified
25 12/04/2023 23.9 Verified
26 12/05/2023 23.9 Verified
27 12/06/2023 23.9 Verified
28 12/07/2023 23.9 Verified
29 12/08/2023 23.8 Verified
30 12/09/2023 23.9 Verified
Additional log information is available and kept in the archives for 15 years after the asset has been disposed.
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