Judge Charles J. Siragusa
Tillan had prior drug felony convictions when police investigated him and Montero-Lima for suspected drug activities. More than $20,000 in cash was seized during a May 2009 search of Tillan’s home. The next day police stopped Montero-Lima’s car, in which Tillan was a passenger. Three kilograms of cocaine were discovered therein at a search under warrant. Tillan’s attorney Morabito, filed a claim for $20,870 for Tillan, arguing that the money “was the result of [Tillan's] legitimate employment.” Morabito did not file an answer to the government’s complaint seeking forfeiture under 21 USC §881(a)(6). The court refused to strike Tillan’s 2010 claim reiterating claims originally made on his behalf by Morabito. Accepting Tillan’s claim as timely nunc pro tunc, the court denied the government’s default judgment. The court found Morabito diligent in attempts to communicate with Tillan, who was in prison, and to obtain a verified claim. Further, as Tillan communicated his intent to pursue a claim to Morabito before being sent to prison, the delay in responding to Morabito’s letters was not due to lack of interest on Tillan’s part, but rather to delays in the delivery of mail in prison, over which Tillan had no control.