In a scheduling order posted Thursday, Chief Judge Derrick Watson announced a schedule for consideration of the motion filed by attorneys for Michael Miske that seeks to vacate his indictment and convictions, along with the jury’s decision in favor of forfeiture of significant assets to the government.

The motion is based on the legal notion known as Abatement ab initio, which applies when a defendant dies before exhausting their appeals.

Government attorneys have been directed to file a response to the motion on or before January 9, with a reply by Miske’s defense team due by January 24. After the arguments are filed, Watson indicated he will decide whether a hearing on the matter will be necessary.

It is likely that the government will have to pursue the forfeiture via a new civil lawsuit.

A Department of Justice lawsuit describes this process.

In rem (against the property) court proceeding brought against property that was derived from or used to commit an offense, rather than against a person who committed an offense. Unlike criminal forfeiture, there is no criminal conviction required, although the government is still required to prove in court by a preponderance of evidence that the property was linked to criminal activity. The proceeding allows the court to gather anyone with an interest in the property in the same case and resolve all the issues with the property at one time. In a civil forfeiture case, the government is the plaintiff, the property is considered the defendant, and any person who claims an interest in the property is a claimant. Civil forfeiture allows the government to file cases against property that would not be reachable through criminal forfeiture, such as property of fugitives, terrorists, and other criminals located outside the United States. Civil forfeiture also permits recovery of assets of defendants who have died or where the wrongdoer cannot be identified.

Other Miske-related news:

Jason Yokoyama, Mike Miske’s partner on paper in the company that operated Miske’s M Nightclub was sentenced to 24-months in prison and three years supervised release after serving his prison sentence. He was also ordered to pay more than $435,000 in restitution to the Internal Revenue Service based on M Nightclub taxes avoided through his actions.

A 2016 amendment to Mike Miske’s living trust named Yokoyama as the first successor trustee in the event of Miske’s death, followed by attorney Alen Kaneshiro, then Miske’s brother, John Stancil. An excerpt of that trust agreement filed in court several years ago disclosed the successor trustees named at that time. It is not known whether the trust has been further amended since that time.

Meanwhile, sentencing for Michael Buntenbah was deferred until January 6, 2025. Buntenbah pleaded guilty to a single count of conspiracy to commit assault in aid of racketeering. The maximum penalty is 3 years in prison, and a fine of up to $250,000.

After his rearrest at the beginning of this year for assault, Buntenbah was ordered to forfeiture a $250,000 mortgage he had pledged to secure his release on bond. That forfeiture is currently on appeal to the 9th Circuit Court of Appeals.

The same hearing before Judge Watson will also consider a sealed motion submitted by Buntenbah’s attorney. The substance of that motion has not been disclosed, but may be tied to the $250,000 forfeiture.

Meanwhile, Buntenbah’s sentencing on a state assault charge has also been reset for February 19. He pleaded “no contest” in October 2022 to a pair of felony assault charges for his role in the assaults on several young men in 2016 while Buntenbah was part of a group of thugs who made up a private, off-the-books security force under Miske’s control that took part in a series of assaults over several years.

Sentencing hearings for several other Miske co-defendants are scheduled over the next two months.