The Charges Against Nicolás Maduro: What the Indictment Alleges Features
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The Charges Against Nicolás Maduro: What the Indictment Alleges

Venezuelan leader Nicolás Maduro is expected to appear in a Manhattan federal courtroom on Monday to face US charges of leading a 25-year conspiracy to traffic cocaine into the United States in partnership with designated terrorist organizations.

An indictment filed in the US District Court for the Southern District of New York charges Maduro and five co-defendants with narco-terrorism conspiracy, cocaine importation conspiracy, and weapons offenses. The case, originally filed in March 2020, sets out the US government’s account of what prosecutors characterize as state-sponsored drug trafficking at the highest levels of Venezuelan government.

An indictment is a charging document that reflects only the prosecution’s allegations. The claims it contains have not been tested through adversarial proceedings or proven at trial. Maduro, who has previously denied any involvement in drug trafficking, is presumed innocent under US law. His legal team is expected to challenge both the charges and the court’s authority to hear the case.

Maduro’s legal status is itself contested. The United States has not recognized him as Venezuela’s legitimate president since 2019, when the Trump administration backed opposition leader Juan Guaidó following a disputed election. The indictment describes Maduro as Venezuela’s “de facto but illegitimate ruler.” However, many countries—including China, Russia, and several Latin American and Caribbean states—continue to recognize Maduro as president. This division is likely to feature prominently in defense arguments regarding head-of-state immunity.

A note on what this article does not address: Maduro was seized from his residence in Caracas by US special operations forces during a military operation that reportedly killed dozens of people, including Cuban security personnel. President Trump has declared that the United States will “run” Venezuela pending a political transition, though the legal basis for that claim remains unclear. These extraordinary circumstances raise profound questions under international law, the U.N. Charter, and the US Constitution’s separation of powers, which will be addressed in Parts 3 and 4 of this series. This installment focuses narrowly on the charges themselves.

The Indictment

Maduro faces four counts, three of which he shares with all five co-defendants. The narco-terrorism count—the most serious charge—applies only to Maduro and two other defendants.

Count One: Narco-Terrorism Conspiracy

The lead charge alleges that Maduro, along with co-defendants Diosdado Cabello Rondón and Ramón Rodríguez Chacín, conspired to distribute cocaine while “knowing and intending to provide, directly and indirectly, something of pecuniary value” to designated foreign terrorist organizations. The statute, 21 U.S.C. § 960a, targets drug trafficking conducted to benefit terrorist groups and carries a mandatory minimum sentence of 20 years.

The indictment names several such organizations: the Revolutionary Armed Forces of Colombia (FARC; as well as its successors FARC-EP and Segunda Marquetalia), the National Liberation Army (ELN), Tren de Aragua, the Sinaloa Cartel, and the Cartel del Noreste (CDN, formerly known as the Zetas).

The timing of certain designations warrants note. The FARC and ELN have been designated foreign terrorist organizations since 1997. However, the State Department designated Tren de Aragua, the Sinaloa Cartel, and CDN as FTOs only in February 2025—months before the military operation that captured Maduro. These recent designations enabled the narco-terrorism charges for conduct allegedly involving those groups. Whether the retroactive application of these designations to prior alleged conduct will face legal challenge remains to be seen.

Count Two: Cocaine Importation Conspiracy

All six defendants face charges under 21 U.S.C. § 963 for allegedly conspiring to import five kilograms or more of cocaine into the United States. The charge carries a 10-year mandatory minimum sentence. Prosecutors allege the conspiracy involved importing cocaine “from a place outside thereof,” manufacturing and distributing cocaine with knowledge it would be imported into the United States, and distributing cocaine aboard US-registered aircraft.

Counts Three and Four: Weapons Charges

The final two counts charge all defendants with possessing and conspiring to possess machineguns and destructive devices “during and in relation to” the alleged drug trafficking crimes. Under 18 U.S.C. § 924(c), firearms offenses committed in connection with drug trafficking carry mandatory consecutive sentences.

The Defendants

The indictment names six defendants. Three—Maduro, Cabello Rondón and Rodríguez Chacín—face all four counts, including narco-terrorism. The remaining three face the cocaine importation and weapons charges only.

Nicolás Maduro Moros has governed Venezuela since 2013, first as interim president following Hugo Chávez’s death, then through elections in 2013, 2018, and 2024 that the United States and many other nations have characterized as fraudulent. The indictment traces alleged involvement in drug trafficking through his prior roles as a National Assembly member (2000–2006), Minister of Foreign Affairs (2006–2013), and Vice President (2013). Maduro has consistently denied these allegations, calling the original 2020 indictment an act of US “imperialism.”

Cilia Adela Flores de Maduro, Maduro’s wife since 2013, has held senior positions including president of the National Assembly, Attorney General, and member of the National Constituent Assembly. The indictment alleges she accepted bribes to broker meetings between drug traffickers and anti-drug officials and received payments tied to cocaine flights. She faces the cocaine importation and weapons charges but not the narco-terrorism count.

Nicolás Ernesto Maduro Guerra, Maduro’s son, serves in Venezuela’s National Assembly. The indictment describes him as having been appointed to a specially created position, “Head of the Corps of Special Inspectors of the Presidency,” after his father assumed power. Prosecutors allege he discussed shipping cocaine to Miami and New York using cargo containers and met with FARC representatives in Colombia to arrange drug and weapons transfers. He faces the cocaine importation and weapons charges.

Diosdado Cabello Rondón currently serves as Venezuela’s Minister of the Interior, Justice and Peace. The indictment identifies him as “widely recognized as one of the most powerful officials in Venezuela” and alleges he received bribes to protect drug traffickers after cocaine seizures. He faces all four counts, including narco-terrorism.

Ramón Rodríguez Chacín, a former Minister of the Interior and Justice (2002–2008), is alleged to have maintained an estate housing a FARC encampment with approximately 200 armed members. Prosecutors claim he served as a liaison between the Maduro government and Colombian guerrilla groups and arranged meetings between FARC leaders and Maduro at the presidential palace. He faces all four counts.

Héctor Rusthenford Guerrero Flores, known as “Niño Guerrero,” is identified in the indictment as the leader of Tren de Aragua, a Venezuelan criminal organization that the State Department designated as a foreign terrorist organization in February 2025. Prosecutors allege he offered escort services for cocaine shipments and controlled coastal storage facilities. He faces the cocaine importation and weapons charges.

The Prosecution’s Theory: The ‘Cartel of the Suns’

Central to the government’s theory is the concept of the “Cartel de Los Soles“—the Cartel of the Suns—named for the sun insignia worn by high-ranking Venezuelan military officers. The indictment describes this as a “patronage system” in which “powerful Venezuelan elites enrich themselves through drug trafficking and the protection of their partner drug traffickers.”

According to prosecutors, Venezuela’s geographic position—with Caribbean access to the north and proximity to Colombian coca-growing regions to the west—made it an attractive transshipment point. The indictment contends that starting around 1999, Venezuela became “a safe haven for drug traffickers willing to pay for protection,” operating beyond the reach of Colombian authorities who were receiving US anti-narcotics assistance.

The indictment cites US State Department estimates that by 2020, between 200 and 250 tons of cocaine were trafficked through Venezuela annually. It should be noted that independent verification of such estimates is difficult, and the Venezuelan government has disputed US characterizations of its counter-narcotics efforts.

Key Allegations

The indictment describes specific alleged acts spanning more than two decades. Several are notable for their specificity and the seniority of officials allegedly involved. All remain unproven allegations.

Diplomatic Cover for Drug Proceeds (2006–2008)

Prosecutors allege that while serving as Foreign Minister, Maduro sold Venezuelan diplomatic passports to drug traffickers and facilitated the movement of planes carrying drug proceeds from Mexico to Venezuela under diplomatic cover. According to the indictment, Maduro would contact the Venezuelan embassy in Mexico to announce a diplomatic mission, during which traffickers’ planes would be loaded with cash while they met with the ambassador.

The DC-9 Cocaine Seizure (2006)

The indictment alleges that in 2006, more than 5.5 tons of cocaine were loaded onto a DC-9 jet at the presidential hangar at Simón Bolívar International Airport, with members of the Venezuelan National Guard loading the drugs and a captain approving the flight plan in exchange for bribes. Mexican authorities seized the cocaine upon landing in Campeche—a documented event that prompted international attention at the time. Prosecutors allege the traffickers subsequently paid approximately $2.5 million to Cabello Rondón through a family member to prevent arrests of those who assisted them.

The Paris Seizure (2013)

French authorities seized approximately 1.3 tons of cocaine on a commercial flight from Caracas to Paris in September 2013—another documented event. The indictment alleges that Maduro, months into his presidency, convened a meeting with Cabello Rondón and intelligence chief Hugo Carvajal Barrios following the seizure, admonished them for using the same airport after the 2006 Mexico incident, directed them to use “other well-established drug routes,” and then authorized arrests of lower-ranking military officials to divert scrutiny from senior leadership.

The “Narcosobrinos” Case (2015–2016)

In October and November 2015, two nephews of Cilia Flores—Efraín Campo Flores and Franqui Francisco Flores de Freitas—agreed in recorded meetings with DEA confidential sources to ship cocaine from what they described as Maduro’s “presidential hangar.” They were arrested in Haiti, tried in the Southern District of New York, convicted in November 2016, and sentenced to 18 years in federal prison. The convictions are a matter of public record. The indictment uses this case to support allegations of broader family involvement in trafficking, though the nephews’ convictions do not establish the guilt of any other defendant.

Alleged FARC Meetings at the Presidential Palace (2018–2019)

The indictment alleges that Rodríguez Chacín made multiple trips from his rural estate to Caracas with FARC leaders for meetings with Maduro at Miraflores (the presidential palace) and Fuerte Tiuna (Venezuela’s chief military complex). Prosecutors claim Maduro assigned Rodríguez Chacín to provide “protection and support” to both FARC and ELN guerrillas.

Alleged Colombia Meeting (2020)

Prosecutors allege that Maduro’s son met with FARC representatives in Medellín, Colombia, to discuss arrangements for moving “large quantities of cocaine and weapons through Colombia and into the United States” over six years, with weapons serving as payment for cocaine shipments.

Evidentiary Questions

The indictment does not detail the evidence underlying its allegations, which is typical for charging documents. However, cooperating witnesses appear likely to play a significant role. Hugo Carvajal Barrios, Venezuela’s former military intelligence chief, pleaded guilty to narco-terrorism and drug trafficking charges in this case in June 2025 following his extradition from Spain. Cliver Alcalá Cordones, a Venezuelan general, pleaded guilty in June 2023 to conspiring to provide material support to the FARC. Both are positioned to offer testimony against Maduro.

Cooperating witness testimony in drug trafficking cases has historically faced credibility challenges. Witnesses who plead guilty and cooperate often receive substantial sentencing benefits, creating incentives that defense attorneys routinely highlight. How this dynamic plays out—if the case reaches trial—remains to be seen.

What the Charges Mean

If convicted on all counts, Maduro would face a mandatory minimum sentence of 20 years on the narco-terrorism charge alone, with a maximum of life imprisonment. The cocaine importation conspiracy carries a 10-year mandatory minimum and life maximum. The weapons charges under § 924(c) carry additional mandatory consecutive sentences.

The indictment includes forfeiture allegations seeking “any and all property constituting, or derived from, any proceeds” of the alleged offenses, as well as property allegedly used to facilitate them. A substitute assets provision would allow the government to pursue other defendant property if the original proceeds cannot be located.

Looking Ahead

Before any trial on the merits, Maduro’s defense is expected to challenge the court’s jurisdiction on multiple grounds. Chief among them: whether Maduro is entitled to head-of-state immunity as a sitting president—a question complicated by the United States’ non-recognition of his government. That issue, and its precedent in the prosecution of Panamanian leader Manuel Noriega, is the subject of a later edition in this series.