Top racketeering boss Michael Miske Jr. dies before sentencing, legal doctrine requires vacating all actions. Miske was set to be sentenced to life in prison, with the government moving to seize $25 million in assets. His unexpected death means the entire case against him will disappear, including indictments, trial proceedings, convictions, and forfeitures. This is due to the legal doctrine of abatement ab initio, which is followed in all federal courts. Even though Miske was convicted on multiple charges, his death before sentencing means the conviction is not final. Consequently, his attorneys have filed a motion to vacate the jury’s verdict and dismiss the indictments, as well as return seized assets. This situation is not uncommon, and the legal doctrine is widely accepted. The government can pursue a new civil forfeiture lawsuit but whether Miske’s family and beneficiaries will retain any of the forfeited assets is uncertain. Most of Miske’s assets were placed in a trust, with designated successor trustees in the event of his death. These trustees include one of Miske’s co-defendants and his attorney, and his half-brother, who are all entangled in the legal proceedings. The case highlights the implications of a defendant’s death on the legal process and assets acquired through criminal activities.
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Photo credit www.civilbeat.org
The possibility of the case against Mike Miske disappearing as if it never happened
