U.S. prosecutors in Manhattan argued on Friday that Venezuelan government funds should not be used to cover the U.S. criminal defense of ousted President Nicolas Maduro, saying the United States has not treated him as Venezuela's legitimate leader for some time.
The argument responds to a motion last month from Maduro's attorney, Barry Pollack, who asked U.S. District Judge Alvin Hellerstein to dismiss the indictment against Maduro. Pollack's filing said the U.S. Treasury Department had revoked, without explanation, an exemption to U.S. financial sanctions that previously allowed Venezuela's government to pay for Maduro's legal costs. He contended the revocation interfered with Maduro's Sixth Amendment right to counsel and noted that "Venezuelan law and custom" require the government to cover the expenses of the president and his wife.
In a separate court filing last month, an official from Venezuela's attorney general's office indicated the government was prepared to pay for the defense. Prosecutors with the Manhattan U.S. Attorney's Office countered on Friday, saying the exemption that briefly permitted state-funded legal fees had been granted in error and was an "administrative error."
The prosecutors noted that Maduro and his wife, Cilia Flores, retain the ability to use personal funds to pay for their legal representation. Flores' counsel, Mark Donnelly, had also urged Judge Hellerstein to dismiss charges against her related to the financing of her defense.
In their filing, the prosecutors emphasized that while both defendants assert an entitlement to funds under the Venezuelan constitution, they also were surely aware that the U.S. Government did not consider them to be legitimate officeholders. The prosecutors added that one purpose of the U.S. sanctions was to pressure Maduro and Flores to leave power.
The Venezuelan communications ministry, which handles press inquiries for the government, had not provided a response to a request for comment at the time of the filing.
Maduro and Flores were seized on January 3 during a U.S. military operation at their Caracas residence, and both have pleaded not guilty to the charges they face in the United States. They are currently detained in Brooklyn while awaiting trial. Their legal teams did not immediately reply to requests for comment.
Judge Hellerstein is scheduled to address the dispute over legal fees at a hearing on March 26 in Manhattan.
The charges against Maduro allege drug trafficking and stem from accusations that he rigged re-election votes in 2018 and 2024, claims he denies. Following Maduro's capture, his former vice president, Delcy Rodriguez, has been administering the country. In a separate court filing on March 11 in an unrelated matter, a State Department official stated that the U.S. recognizes Rodriguez as Venezuela's sole head of state.
Context and procedural posture
The immediate dispute before the court concerns whether an exemption to financial sanctions, which briefly allowed Venezuela's government to disburse funds for legal expenses, should affect the indictment or the defendants' access to counsel. Prosecutors frame the Treasury action as a mistake and maintain that the defendants can rely on private resources for representation. The court will consider these competing contentions at the March 26 hearing.
What is at stake
- Access to state-funded legal representation for defendants accused of serious federal crimes in the United States.
- Interpretation and enforcement of U.S. financial sanctions and the scope of Treasury exemptions.
- Recognition of foreign leadership by the U.S. Government and its impact on legal and diplomatic determinations.