An attorney representing the estate of the late Hawaii crime boss Michael J. Miske Jr. has launched a fierce accusation against federal prosecutors, claiming they are attempting to bilk Miske's 9-year-old granddaughter out of her rightful inheritance. The legal battle centres on a $20 million estate that includes houses, boats, cars, cash, and artwork, which prosecutors argue should be seized due to Miske's criminal activities.
Government's Controversial Theory
Federal prosecutors maintain that Miske, who was found guilty of 13 federal counts related to drug trafficking, robberies, and murder for hire in July 2024, purposefully overdosed on fentanyl he had smuggled into prison in late 2024. This act, they claim, was designed to prevent the government from seizing his assets. Because Miske died before sentencing, his case was dismissed, but prosecutors argue his suicide itself constitutes obstruction of justice, allowing them to take control of his estate.
In a filing on Monday, Edward Burch, a San Francisco-based lawyer for Miske's trust, called the government's theory full of "fatal flaws" and asserted that the time for asset forfeiture has long expired. Burch stated that if the government succeeds, it would only harm an "innocent child who bears no responsibility for any of the conduct alleged."
Legal Deadlines and Dubious Claims
Burch argues that federal investigators started probing Miske for fraud as early as 2013, meaning more than 12 years had passed by the time prosecutors filed their forfeiture complaint in January 2025. Civil forfeiture law typically requires the government to file to seize assets within five years of discovering the related crime. "The government missed its legal deadline to bring this case, and invented a new theory to work around it," the brief says.
Furthermore, Burch contends that the government can only seize proceeds obtained as a result of obstruction of justice, per the Civil Forfeiture Reform Act. Since nearly all of Miske's assets were purchased between 2010 and 2020, years before his death, retaining pre-existing property does not equate to obtaining proceeds from obstruction.
Impact on an Innocent Child
The trust's beneficiary is Miske's 9-year-old granddaughter, who has been designated since 2016. She is the daughter of Miske's late son, Caleb, and Caleb's wife, Delia Fabro-Miske, who was sentenced to seven years in prison for racketeering conspiracy in April 2025. Burch emphasised that taking away the assets would strip the granddaughter of "the only long-term financial security she has."
Questionable Evidence and Unprecedented Theory
Burch also challenges the factual basis of the prosecutors' theory, which relies heavily on testimony from inmates who claimed Miske conspired to smuggle fentanyl into the facility. He labelled these as "dubious third-party statements" and pointed out that Miske is not alive to defend himself or be cross-examined. "The Trust is asked to litigate the most critical fact in the case with no ability to contest it through the person who would know," the brief says.
U.S. Attorney Ken Sorenson has declined to comment, citing the pending litigation. This case highlights ongoing debates over asset forfeiture laws and their impact on innocent family members in high-profile criminal proceedings.
