Category Archives: Crime

Miske’s daughter-in-law will not benefit

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I just want to take a minute to correct a statement in a comment on my story that appeared in Civil Beat on Wednesday about an agreement between the government and the attorney representing the Michael J. Miske, Jr. Living Trust.

The comment said, in part:

Looks like the grand daughter’s mother will be sitting pretty after she’s released from prison and resumes caring for the girl. Yes crime does pay.

Actually, that won’t happen. The granddaughter’s mother, Delia-Anne Fabro-Miske, is the widow of Mike Miske’s son, Caleb, but Miske rewrote the terms of his trust to make Fabro-Miske ineligible to benefit from it, directly or indirectly.

Here’s the situation.

Miske set up a living trust back in 2008 which would take title to his business and personal assets if he were to become incapacitated or died. Until one of things were to happen, the trust remained just a formal plan for what would happen at some point in the future.

The terms of the trust were amended several times. The last changes were made in September 2024, less than three months before Miske died.

If the government’s lawsuit seeking the forfeiture of Miske’s millions in cash and property is settled out of court, any property released by the government would go to the Miske trust, and would be required to be used and distributed according to the trust’s most recently updated terms.

The final changes Miske made to his trust confirmed that his granddaughter, Fabro-Miske’s daughter, was to be the sole beneficiary of the trust. Miske ordered that Fabro-Miske be entirely removed from his trust, along with Miske’s longtime live-in partner, Andrea Kaneakua. Miske explicitly instructed that neither woman was to be allowed to benefit from the trust in any way.

“There shall be no distribution or benefit from my trust to Delia Anne Miske or Andy Miske (Andrea Kaneakua) by way of guardianship of [my granddaughter]…I request Delia Anne Miske and Andrea Kaneakua are removed from every section from my trust.”

The three trustees of the trust–two of Miske’s longtime friends, Russel Mascoto and Jon Dahl, along with Honolulu attorney Alen Kaneshiro, who handled numerous cases for Miske and his associates–are legally bound by these terms and do not have the power to override them.

A deal is brewing for Miske’s millions

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The process of divvying up the millions in cash and property left behind after the death of former Honolulu business owner and racketeering boss, Micheal J. Miske, Jr, will likely be the result of a negotiated settlement of the pending civil forfeiture lawsuit rather than the verdict of a judge or jury.

A document filed in federal court this week discloses that federal prosecutors have agreed to pursue a settlement with the attorney representing the Michael J. Miske, Jr. Living Trust, which is the primary claimant opposing forfeiture of Miske’s assets to the government. Three lenders holding recorded mortgages secured by Miske’s properties joined the two primary parties in requesting a 5-month continuance or delay in forfeiture proceedings in order for adequately prepare for negotiations between the government and the trust.

My story on the situation is posted on Civil Beat this morning (“Miske Case: Prosecutors Agree To Negotiate Settlement Over Asset Forfeiture“).

The deal between prosecutors and the San Francisco-based attorney representing the trust Miske established to hold title to his assets in the event of his disability or death is the first explicit indication the government is willing to cut a deal to avoid another long, complex and expensive trial in the case.

The disclosure came in a joint six-page stipulation asking for a five-month delay in the forfeiture proceedings to allow time necessary to prepare for and initiate settlement talks. The stipulation was filed in Honolulu’s U.S. District Court on Monday, and quickly approved by Magistrate Judge Kenneth Mansfield the same day.

The stipulation filed in court appears in full below.

Stipulation and order to continue proceedings in civil forfeiture against Michael Miske by Ian Lind on Scribd

Miske Trust files an answer to the government’s forfeiture complaint

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The trustees of the Michael J. Miske Jr. Revocable Living Trust have filed their answer to the government’s complaint for forfeiture of Miske’s personal and business property.

The government filed its original forfeiture complaint on January 22, and followed with an amended complaint on May 7. The government has identified a long list of properties consisting of cash and checks, real estate, a commercial longline entry permit issued to a fishing vessel Miske previously owned, along with several vintage cars and miscellaneous art work. Estinates of the overall value range from approximately $13 million to as much as $28 million.

The 13-page answer was filed in Honolulu’s Federal District Court on behalf of the trustees by San Francisco attorney Edward M. Burch, a criminal defense attorney who specializes in forfeiture defense.

Burch serves notice that the Trust “demands trial by jury of the issues and defenses raised by its claim and answer.”

The full document is attached below.

Burch generally “denies that the properties are subject to forfeiture…and denies that any violations of the listed statutes occurred with regard to the properties.”

Burch also asserts that he “lacks sufficient information to form a belief as to the truth of the allegations contained therein, and on those grounds, denies each and every allegation contained therein.”

In addition, Burch raises seven affirmative defenses, arguing that forfeiture of some or all of the property “is barred by the applicable statute of limitations, and that Miske’s properties “were derived from legitimate
activities and were otherwise unconnected to any violations of law….”

He asserts “some or all of the Defendant properties is not subject to forfeiture because it constitutes that of an innocent owner as defined by 18 U.S.C. § 983(d),” apparently a reference to the status of the trust’s primary beneficiary, Miske’s granddaughter, who is not named in the court filings. She was the daughter of Miske’s late son, Caleb Miske, who died in March 2016.

He then argues the civil forfeiture provisions of federal law “are unconstitutional and unenforceable, in that they constitute a denial of claimant’s due process and equal protection rights under the United States Constitution – the procedures used to adjudicate the seizure of the property should require the government to carry its burden by either beyond a reasonable doubt or by clear and convincing evidence rather than by a preponderance of the evidence.”

Answer to the government's civil forfeiture action by the Miske Revocable Living Trust by Ian Lind

Reposted on Civil Beat

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Civil Beat picked up yesterday’s entry and reposted it this morning with a few slight edits (“Judge Rules Miske’s Mother Can’t Represent Granddaughter’s Interests“).

CB also added two photos shared by one of Miske’s cousins on the Miske side of the family. One of the photos displays a large tattoo on Miske’s right arm of his late son, Caleb, who died in 2016. Also included is the judge’s order denying the motion to appoint Miske’s mother, Maydeen Stancil, as guardian to represent his granddaughter, who is the primary beneficiary of the trust.

In any case, you might want to check out the photos and the court’s order.