Federal prosecutors have served notice that they intend to seek forfeiture of the bail posted by Michael Buntenbah, also known as Michael Malone, after he was ordered back into detention for violating the terms of his release.

Buntenbah was one of 10 original co-defendants charged along with former Honolulu business owner Michael J. Miske Jr., in a 22-count indictment made public in July 2020. He won release from custody just two months later after securing his $500,000 bond with a mortgage on a Kaneohe home on Popoki Street.

He pleaded guilty in March 2022 to a single count of conspiracy to commit assault in aid of racketeering. The mortgage amount was later reduced to $250,000 by agreement between prosecutors and Buntenbah’s Michigan-based defense attorneys.

The action was taken after Buntenbah and two sons were caught on video attacking a man last month in a Waikiki restaurant/bar (“Defend Hawaii owner back in federal custody after instigating a Waikiki brawl”).

The government notice that it will seek forfeiture was filed Wednesday in Honolulu’s Federal District Court.

The United States advises the Court and Defendant Buntenbah of its position that bail should be forfeited pursuant to Fed. R. Crim. P. 46(f). The United States requests the Court set a briefing schedule for the parties to address the relevant factors in deciding whether to forfeit the bond. See United States v. Nguyen, 279 F.3d 1112, 1115–16 (9th Cir. 2002).

The notice was filed after Magistrate Judge Kenneth Mansfield indicated his “inclination” was not to seek forfeiture, and asked the government to state its position.

The property is currently valued for real property tax purposes at just over $1.7 million.

I’m not a lawyer, but the case cited appears to have involved a defendant who made repeated and active attempts to avoid turning himself in to begin his prison sentence.

The circumstances of Buntenbah’s arrest haven’t been disclosed, but Mansfield’s order noted he had surrendered to the federal probation office. There is no indication in the record, at least not yet, that he made any attempt to avoid or evade surrender.

So it appears the government will have a difficult argument to make in a subsequent hearing on the matter.