Federal Prosecutors Block Venezuelan Leader’s Access to State Funds for Legal Defense

U.S. prosecutors are defending their decision to prevent ousted Venezuelan President Nicolas Maduro from using government funds for his legal defense against drug trafficking charges. Maduro's defense team argues this violates his constitutional right to counsel, while prosecutors say the initial funding exemption was an administrative mistake.

Federal prosecutors in Manhattan are standing firm on their decision to prevent Nicolas Maduro, Venezuela’s ousted president, from accessing state funds to pay for his legal defense against drug trafficking charges.

In court documents filed Friday, prosecutors argued that Maduro should not have access to Venezuelan government money, emphasizing that the United States has refused to recognize him as the country’s legitimate leader for several years.

The legal dispute began last month when Maduro’s attorney Barry Pollack petitioned U.S. District Judge Alvin Hellerstein to throw out the criminal charges. Pollack claimed the Treasury Department wrongfully canceled a sanctions exemption that had previously allowed Venezuela’s government to fund Maduro’s legal representation.

The defense attorney contended this action violated Maduro’s Sixth Amendment right to legal counsel. Pollack explained that according to “Venezuelan law and custom,” the government is responsible for covering legal expenses for the president and his spouse. Court documents from last month show that an official from Venezuela’s attorney general’s office confirmed the government’s willingness to cover these costs.

Manhattan federal prosecutors countered these arguments, telling Judge Hellerstein that the original exemption was simply an “administrative error.” They emphasized that both Maduro and his wife, Cilia Flores, remain free to use their own personal assets for their legal defense. Flores’ attorney, Mark Donnelly, has also requested dismissal of charges against his client based on the funding restrictions.

“While both defendants claim that they are entitled to funds under the Venezuelan constitution … both defendants also surely knew that the U.S. Government did not consider them to hold legitimate positions,” prosecutors stated in their filing, pointing out that removing Maduro and Flores from power was a key objective of U.S. sanctions.

Venezuelan government officials did not respond to requests for comment through the communications ministry, which handles all media inquiries.

Both Maduro and Flores were taken into custody on January 3 during a U.S. military operation at their residence in Caracas. They have entered not guilty pleas and remain detained in Brooklyn while awaiting trial.

Their legal representatives have not yet commented on the latest court filings.

Judge Hellerstein is scheduled to address the legal funding dispute during a March 26 hearing in Manhattan federal court.

Federal authorities have accused Maduro, who assumed the presidency in 2013 as a socialist leader, of manipulating election results in both 2018 and 2024. Maduro has consistently denied these allegations.

Since Maduro’s arrest, his former Vice President Delcy Rodriguez has taken control of Venezuela’s government. According to a March 11 State Department court filing in an unrelated case, the United States now recognizes Rodriguez as Venezuela’s official head of state.