Former Venezuelan President Nicolás Maduro is set to appear in a U.S. court on Thursday facing criminal charges, including narcoterrorism, a legal provision that has seen limited success in trials. Maduro, 63, who led Venezuela from 2013 until his capture in Caracas by U.S. special forces on January 3, pleaded not guilty to all charges on January 5.
The narcoterrorism statute, enacted in 2006 to combat drug trafficking linked to activities the U.S. classifies as terrorism, has resulted in only four trial convictions, with two later overturned due to issues related to witness credibility. This mixed record underscores a significant challenge for prosecutors: convincing jurors that cooperating insiders provide credible evidence connecting alleged drug crimes to terrorism.
Legal expert Alamdar Hamdani, a former U.S. Attorney, emphasized that the statute’s most demanding requirement is proving the defendant’s knowledge of the terrorism connection. This demands high-quality evidence and rigorous prosecutorial diligence, leaving no room for errors or uncritical acceptance of witness testimony. Prosecutors have not yet revealed who will testify against Maduro, although one former Venezuelan general indicted alongside him has expressed willingness to cooperate.
In a broader context, the narcoterrorism statute was created two decades ago to target drug traffickers financing groups the U.S. designates as terrorist organizations. Since its inception, 83 individuals, including Maduro, have been charged under this law. Of these, 31 have pleaded guilty to narcoterrorism or related charges, eight await trial, and many remain outside U.S. custody. The previous conviction reversals do not impact Maduro’s case, and those defendants faced additional charges that were upheld.
Maduro also faces three other counts, including conspiracy to import cocaine. He is accused of orchestrating a scheme where Venezuelan officials facilitated cocaine trafficking in partnership with groups such as the Revolutionary Armed Forces of Colombia (FARC), which the U.S. classified as a terrorist organization from 1997 to 2021. Maduro and his co-defendants have consistently denied any wrongdoing, asserting that the charges are part of an imperialist plot against Venezuela. His attorney, Barry Pollack, has not commented on the narcoterrorism law’s trial history or potential witnesses, and the Manhattan U.S. Attorney’s office has declined to discuss these matters.
The narcoterrorism charge carries a mandatory minimum sentence of 20 years, double that of standard drug trafficking offenses, both of which can result in life imprisonment. The law broadly defines terrorism as premeditated, politically motivated violence against civilians. Legal scholar Shane Stansbury noted that this definition allows for a wide interpretation of the activities involved.
To secure a conviction, prosecutors must prove Maduro knew that the drug trafficking he allegedly facilitated financially benefited a group engaged in terrorism as defined by U.S. law, regardless of his personal motives. Former federal prosecutor Artie McConnell explained that the defendant’s knowledge of the terrorism nexus is sufficient, even if it was not his primary motivation.
Previous narcoterrorism trials have had varied outcomes. In 2008, an Afghan man linked to the Taliban was convicted for aiding a DEA informant in purchasing opium and heroin. However, in 2021, a judge dismissed the narcoterrorism charge after an appeals court found the defense counsel had failed to properly challenge the key witness. Another Afghan trafficker’s narcoterrorism charge was dropped in 2015 after prosecutors revealed the cooperating witness was considered unreliable by a U.S. agency. Conversely, a 2015 conviction of a Colombian man for attempting to supply cocaine and weapons to the FARC has been upheld, and a recent narcoterrorism trial also resulted in a guilty verdict.
Experts suggest the government’s case against Maduro may rely on testimony from two former Venezuelan generals indicted alongside him in 2020: Cliver Alcalá and Hugo Carvajal. Both have pleaded guilty to charges related to dealings with the FARC but did not initially agree to cooperate. Alcalá, speaking from federal prison in Maryland, indicated a willingness to cooperate but rejected admitting to drug trafficking, which he denies, as a condition for assistance.
Alcalá, who retired from Venezuela’s military shortly after Maduro assumed office, later became a vocal critic of Maduro’s regime. While he acknowledged some basis for the charges against Maduro and suggested links to a jailed Venezuelan drug trafficker, he did not provide details. Currently serving nearly 22 years after pleading guilty to supplying weapons to the FARC under orders from former President Hugo Chavez, Alcalá denies involvement in cocaine trafficking.
Carvajal’s sentencing is scheduled for April 16, and his lawyer has not commented on potential cooperation with prosecutors.
