No need for a conviction in absentia, all they need do is file the case within the statute and slowly play it out.
Of course, if they think he's still running a poker room servicing Nevada customers (which he is), then there's a chance the statute NEVER runs out as long as micon operates a poker site.
Also, and I'm not 100% on this, and it isn't necessarily the case everywhere, but in some places, and for certain in some federal cases, if you flee the area to avoid possible punishment and prosecution, the statute is rendered moot, and time limitations are completely lifted.