Convicted crime boss Michael Miske appears to have died of an accidental overdose of fentanyl and para-fluorofentanyl, described elsewhere as “a schedule I illicit fentanyl analog.”

The results were released today by the Honolulu Medical Examiner, as reported by Hawaii News Now.

According to HNN, “Miske’s manner of death is officially still listed as pending. But based on information that’s currently available, the manner of death appears to be accidental.”

Of course, fentanyl-related deaths have been epidemic in many areas.

A CDC report published in 2022 reports examined the problem and reported that fentanyl was involved in two-thirds of all overdose deaths in the United States.

Provisional estimates indicate that synthetic opioids, including illicitly manufactured fentanyl (IMF), were involved in approximately two thirds of an estimated 108,174 overdose deaths in the United States during the 12 months ending in April 2022.* Previous analyses have identified para-fluorofentanyl, a schedule I† illicit fentanyl analog, in drug overdose deaths in eight states from late 2020 through June 2021 (1–3). Limited data suggest that para-fluorofentanyl is likely similar to or slightly less potent than IMF (3,4); however, its role in the illicit drug market and its impact on the opioid overdose crisis has not been widely studied.

One thing that I have noted is that there was no testimony during the trial indicating Miske had used hard drugs, including fentanyl. There was considerable testimony that he tried push associates with drug problems into rehab, and was opposed to their continued drug use, which he felt endangered him. However, that was before he was facing a lonely holiday season with the prospect of spending the rest of his life in prison.

The investigation of the circumstances surrounding his death has to run its course. But from my perspective, an intentional or accident overdose appears to be more likely than a complex conspiracy that could have successfully taken his life within the Federal Detention Center.

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.