List of Property The Government Will Seek To Forfeit If Michael J. Miske Jr. Is Convicted

Case 1:19-cr-00099-DKW-KJM Document 1540 Filed 06/02/24 Page 4 of 14 PageID.
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PROPOSED FORFEITURE JURY INSTRUCTION NO. 1

(Criminal Forfeiture Phase of Trial)
[To be read to the jury immediately after its return of a verdict of guilty on Count 1
of the Third Superseding Indictment, and prior to the commencement of the
forfeiture phase of trial.]
Members of the jury, your verdict in this case doesn’t complete your jury
service as it would in most cases, because there is another matter you must now
consider.
In a portion of the Third Superseding Indictment not previously discussed or
disclosed to you, and in the Bill of Particulars, it is alleged that certain property is
forfeitable to the United States due to its nexus to the Racketeering Conspiracy in
Count 1 of which the defendant was convicted.
To “forfeit” a thing is to be divested or deprived of the ownership of it as a
part of the punishment allowed by law for certain criminal offenses.
Here, the United States seeks to forfeit:
(1) The real property located at 6 Lumahai Street, Portlock,

Honolulu, Hawaii, and any rental income derived therefrom;
(2) The real property located at 614 Paokano Loop, Kailua, Hawaii;
(3) $611,123.60 constituting proceeds of the sale of the real

property located at 559 Kumukahi Place, Hawaii Kai,
Honolulu, Hawaii;
(4) The “Painkiller”, a 2014 37.5-foot Boston Whaler Pleasure

Craft, held in the name of Hawaii Partners LLC;
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Case 1:19-cr-00099-DKW-KJM Document 1540 Filed 06/02/24 Page 5 of 14 PageID.14925
(5) Hawaii Longline Limited Entry Permit issued to the fishing

vessel “Rachel,” held in the name of Kama’aina Holdings LLC;
(6) $676,785.56 constituting proceeds of the sale of the “Rachel”, a

Tuna Longliner Fishing Vessel, registered to Kama’aina
Holdings LLC;
(7) A 2017 Ferrari F12 Berlinetta, held in the name of Hawaii

Partners LLC;
(8) $81,656.56 in funds seized from a Hawaii Central Federal

Credit Union account ending in 075, held in the name of
Michael J. Miske;
(9) $300,372.85 in funds seized from a Bank of Hawaii account

ending in 415, held in the name of Kama’aina Termite and Pest
Control, Inc.;
(10) $1,063,427.35 in funds seized from a Bank of Hawaii account

ending in 602, held in the name of Kama’aina Termite and Pest
Control, Inc.;

ending in 414, held in the name of Oahu Termite and Pest
Management LLC, dba Oahu Termite and Pest Control LLC;

ending in 218, held in the name of Oahu Termite and Pest
Management LLC, dba Oahu Termite and Pest Control LLC;

ending in 220, held in the name of Kama’aina Plumbing and
Renovations LLC;
(14) Bank of Hawaii Cashier’s Check No. 429111 in the amount of

$1,162,826.76 payable to Kama’aina Termite and Pest Control;
2
(15) The following vehicles seized from defendant Michael J.

Miske, Jr.’s residence on or about July 15, 2020;
a. 1951 Volkswagen, VIN 10234188, Hawaii License Plate:

SYB865, Registered Owner: Hawaii Partners LLC;
b. 1956 Volkswagen, VIN 109382821, Hawaii License Plate:

56VDUB, Registered Owner: Hawaii Partners LLC;
c. 1957 Volkswagen, VIN: 1529889, Hawaii License Plate:

BBYGRL, Registered Owner: Hawaii Partners LLC;
d. 1961 Volkswagen Van, VIN: 685167, Hawaii License

Plate: SYB762, Registered Owner: Hawaii Partners LLC;
e. 1970 Ford Bronco, VIN: U15GLG85573, Hawaii License

Plate: TTY105, Registered Owner: Hawaii Partners LLC;
(16) The following artwork seized from Michael J. Miske, Jr.’s

residence on or about July 15, 2020:
a. Painting entitled “Ludavico & Ludovio” by RETNA;
b. Painting entitled “Watermark” by RETNA;
c. Painting entitled “Forever Young” by RETNA;
d. Painting entitled “Sangre Oscura” by RETNA;
e. Painting entitled “Graffiti Does It” by OG Slick;
f. Sculpture entitled “Slick Skull” by OG Slick;
g. Sculpture entitled “Uzi Does It” by OG Slick;
h. Painting entitled “Speaking in Tongues” by Alex “DEFER”

Kizu;
3
i. Painting entitled “Spiritual Language” by Alex “DEFER”

Kizu; and
j. Painting with unknown title by David Flores.
The above property that the United States is seeking to forfeit will be listed
for you on a Special Verdict Form that I will give you before you retire to consider
your verdict.
As to the property for which the United States seeks forfeiture, you must
determine whether the Government has established the requisite nexus between the
property and the Racketeering Conspiracy in Count 1 of which the defendant was
convicted. In other words, you must determine whether that property is connected
to the underlying crime in the way that the statute provides.
In deciding these forfeiture issues you should consider all of the evidence
you have already heard during the trial plus the additional evidence, if any,
presented to you after these instructions.
AUTHORITY:
Fed. R. Crim. P. 32.2(b)(1)(A); (“As soon as practical after a verdict or finding of
guilty … on any count in an indictment . . . regarding which criminal forfeiture is
sought, the court shall determine what property is subject to forfeiture under the
applicable statute. If the government seeks forfeiture of specific property, the court
must determine whether the government has established the requisite nexus
between the property and the offense….”); Fed. R. Crim. P. 32.2(b)(1)(B) (“The
court’s [or jury’s] [forfeiture] determination may be based on evidence already in
the record … and on any additional evidence or information submitted by the
parties and accepted by the court as relevant and reliable.”); Fed. R. Crim. P.
32.2(b)(5)(A); 18 U.S.C. § 1963.

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Case 1:19-cr-00099-DKW-KJM Document 1540 Filed 06/02/24 Page 4 of 14 PageID.

PROPOSED FORFEITURE JURY INSTRUCTION NO. 1

In a portion of the Third Superseding Indictment not previously discussed or

Count 1 of which the defendant was convicted.

To “forfeit” a thing is to be divested or deprived of the ownership of it as a

part of the punishment allowed by law for certain criminal offenses.

Here, the United States seeks to forfeit:

(1) The real property located at 6 Lumahai Street, Portlock,

(3) $611,123.60 constituting proceeds of the sale of the real

(4) The “Painkiller”, a 2014 37.5-foot Boston Whaler Pleasure

(5) Hawaii Longline Limited Entry Permit issued to the fishing

(6) $676,785.56 constituting proceeds of the sale of the “Rachel”, a

(7) A 2017 Ferrari F12 Berlinetta, held in the name of Hawaii

(8) $81,656.56 in funds seized from a Hawaii Central Federal

(9) $300,372.85 in funds seized from a Bank of Hawaii account

(10) $1,063,427.35 in funds seized from a Bank of Hawaii account

(11) $206,725.80 in funds seized from a Bank of Hawaii account

(12) $170,105.72 in funds seized from a Bank of Hawaii account

(13) $22,710.48 in funds seized from a Bank of Hawaii account

(14) Bank of Hawaii Cashier’s Check No. 429111 in the amount of

(15) The following vehicles seized from defendant Michael J.

a. 1951 Volkswagen, VIN 10234188, Hawaii License Plate:

b. 1956 Volkswagen, VIN 109382821, Hawaii License Plate:

c. 1957 Volkswagen, VIN: 1529889, Hawaii License Plate:

d. 1961 Volkswagen Van, VIN: 685167, Hawaii License

e. 1970 Ford Bronco, VIN: U15GLG85573, Hawaii License

(16) The following artwork seized from Michael J. Miske, Jr.’s

a. Painting entitled “Ludavico & Ludovio” by RETNA;

b. Painting entitled “Watermark” by RETNA;

c. Painting entitled “Forever Young” by RETNA;

d. Painting entitled “Sangre Oscura” by RETNA;

e. Painting entitled “Graffiti Does It” by OG Slick;

f. Sculpture entitled “Slick Skull” by OG Slick;

g. Sculpture entitled “Uzi Does It” by OG Slick;

h. Painting entitled “Speaking in Tongues” by Alex “DEFER”

i. Painting entitled “Spiritual Language” by Alex “DEFER”

j. Painting with unknown title by David Flores.

to the underlying crime in the way that the statute provides.

presented to you after these instructions.

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