MICHAEL MISKE: DEATH, LEGAL LOOPHOLES & THE $25M ASSET BATTLE

The legal world was stunned by the unexpected death of Michael Miske while in federal custody and the ensuing battle over his seized assets worth $25 million. This complex case raises profound questions about criminal justice, asset forfeiture, and legal rights that persist beyond death. Definitely above my pay grade, so to help make sense of everything, I finally released the full podcast:

 💀 MYSTERIOUS DEATH RAISES QUESTIONS

Michael Miske, facing numerous federal charges, was found dead at FDC Honolulu under circumstances that continue to fuel speculation. While official reports remain pending, the coconut wireless has been going off with many believing suicide was the likely cause rather than an accidental overdose as some have suggested.

Questions persist about prison security protocols and how contraband might have entered such a closely monitored facility. Miske's death before sentencing has created a legal gray area that now impacts the entire case.

⚖️ THE $25 MILLION QUESTION: WHO OWNS THE ASSETS?

With Miske's death occurring before conviction, the legal status of his seized assets has entered unprecedented territory. Expert attorney Megan Kau explains the critical distinctions:

• Criminal vs. Civil Forfeiture: Without a conviction, the government's claim to criminally seized assets is significantly weakened

• Burden of Proof Shift: Civil forfeiture requires only a "preponderance of evidence,” while criminal cases demand proof "beyond a reasonable doubt"—dramatically lowering the government's burden in civil proceedings

  

• Legitimate Business Question:

The government has already linked the assets to criminal activity, but the case must be relitigated in a civil trial to determine if Miske's estate can reclaim them. Video Here.

"The government's possession of assets doesn't automatically equate to ownership," Kau emphasizes. "This distinction becomes even more significant when a defendant dies before conviction."

🔍 LEGAL STRATEGY OR TRAGIC END?

Some observers, ahem, me, have questioned whether Miske's death could have been a calculated move to protect his family's financial interests. The attorneys I’ve spoken to have all been split on the idea, noting the complex and uncertain outcome of posthumous asset claims.

What do you think? Should the government retain seized assets when a defendant dies before conviction? The conversation around this landmark case continues to evolve.