The U.S. Treasury Department is blocking the Venezuelan government from funding the legal defense of former President Nicolás Maduro and his wife, Cilia Flores, against drug trafficking charges in New York, according to a court filing made by Maduro’s attorney, Barry Pollack.
In an email to Judge Analisa Torres of the U.S. District Court for the Southern District of New York, dated February 20, Pollack stated that the Treasury’s Office of Foreign Assets Control (OFAC) initially approved a license on January 9 permitting Venezuela to pay Maduro’s legal fees. But, less than three hours later, that authorization was revoked “without explanation,” while a separate license allowing payment for Flores’s legal representation remained in place. The email was entered into the public court record on Wednesday.
The move potentially interferes with Maduro’s constitutional right to counsel, Pollack argued, stating that the Venezuelan government has a legal obligation to cover his defense costs and that Maduro is unable to afford representation otherwise. He further asserted that the U.S. Action is “interfering with Mr. Maduro’s ability to retain counsel and, his right under the Sixth Amendment to counsel of his choice.”
Maduro and Flores were arrested in Venezuela in January following a military operation and transported to the United States to face charges. They have both pleaded not guilty. A 25-page indictment alleges that Maduro and others conspired with drug cartels, including the Sinaloa Cartel, and members of the Venezuelan military to traffic thousands of tons of cocaine into the U.S. The indictment too accuses them of ordering kidnappings, beatings, and murders related to drug debts, including the killing of a drug boss in Caracas.
The case is unfolding against a backdrop of shifting U.S. Policy toward Venezuela. The Trump administration severed diplomatic ties with Maduro’s government in 2019, recognizing opposition leader Juan Guaidó as the legitimate president. The Biden administration has largely maintained this policy. However, Maduro’s capture and the subsequent actions by his Vice President, Delcy Rodríguez, have begun to reshape the dynamic. Under pressure from the U.S., Rodríguez has taken steps to open Venezuela’s oil industry to American investment, release political prisoners, and re-establish communication with Washington, a level of engagement unseen since 2019.
According to a statement released Tuesday, President Trump said the U.S. Had received over 80 million barrels of oil from Venezuela, describing the country as a “new friend and partner.”
Pollack has requested that OFAC reinstate the original license, arguing that Venezuela has a clear obligation to fund Maduro’s defense. He also suggested that allowing Venezuela to pay for Maduro’s legal fees could complicate the prosecution’s case, potentially undermining their argument that Maduro’s capture was illegal and that he enjoys immunity from prosecution as a former head of state.
Requests for comment from the Treasury Department, the White House, and the Justice Department have not yet been returned. Maduro is scheduled to appear in federal court for a hearing on March 17.
