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Questions persist about prison security protocols and how contraband might have entered such a closely monitored facility. Miske's death before sentencing has created a legal gray area that now impacts the entire case. |
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⚖️ THE $25 MILLION QUESTION: WHO OWNS THE ASSETS? |
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With Miske's death occurring before conviction, the legal status of his seized assets has entered unprecedented territory. Expert attorney Megan Kau explains the critical distinctions: |
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Criminal vs. Civil Forfeiture: Without a conviction, the government's claim to criminally seized assets is significantly weakened Burden of Proof Shift: Civil forfeiture requires only a "preponderance of evidence,” while criminal cases demand proof "beyond a reasonable doubt"—dramatically lowering the government's burden in civil proceedings Legitimate Business Question:
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The government has already linked the assets to criminal activity, but the case must be relitigated in a civil trial to determine if Miske's estate can reclaim them. Video Here. |
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"The government's possession of assets doesn't automatically equate to ownership," Kau emphasizes. "This distinction becomes even more significant when a defendant dies before conviction."
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🔍 LEGAL STRATEGY OR TRAGIC END? |
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Some observers, ahem, me, have questioned whether Miske's death could have been a calculated move to protect his family's financial interests. The attorneys I’ve spoken to have all been split on the idea, noting the complex and uncertain outcome of posthumous asset claims. |
What do you think? Should the government retain seized assets when a defendant dies before conviction? The conversation around this landmark case continues to evolve. |