Federal judge Alvin Hellerstein denied this Thursday (26) a request from former Venezuelan dictator Nicolás Maduro and his wife, Cilia Flores, to dismiss the case against both in New York federal court.
The defendants’ defense had asked for the case to be closed, claiming that Maduro and Flores are unable to pay for their defense, as the United States government has prohibited the Venezuelan regime (currently led by Chavista Delcy Rodríguez) from paying for legal fees due to the economic sanctions imposed on the country.
Hellerstein’s decision was announced during a hearing in federal court in New York, the second the couple have attended since being captured in a US military operation in Caracas on January 3. At the first hearing, held two days after the operation, the couple pleaded not guilty.
According to information from CNN, Hellerstein left open the possibility of the defense requesting the case to be closed again due to the Trump administration’s decision not to allow Venezuela to pay for the defense.
He said he will assess whether this measure by the American government was arbitrary. If this is their understanding, Maduro and Flores’ lawyers could request the case to be closed again, the judge said.
“Right now, [arquivar o caso] It would be such a serious hypothesis-based step that I don’t think we should address it now,” Hellerstein said.
The judge signaled that he may soon issue a ruling on whether or not he will order the Trump administration to allow Venezuela to pay legal fees.
Maduro and Flores’ defense claims that this impediment, determined by the United States Department of the Treasury’s Office of Foreign Assets Control (OFAC), violates the couple’s rights, as it interferes with their right to choose their own legal team.
At this Thursday’s hearing, assistant federal prosecutor Kyle Wirshba argued that the Venezuelan regime should not pay for the defense of Maduro and Flores.
“The defendants are looting Venezuela’s wealth,” he said. “Allowing them to access these funds now would undermine sanctions.”
A survey released in August 2025 by the NGO Transparency Venezuela indicated that Maduro had at least 745 assets in 20 countries, totaling around US$3.8 billion, but the former dictator had assets blocked in the United States and Switzerland.
Maduro and Flores face charges in American federal court on charges of narcoterrorism, conspiracy to import cocaine, possession of machine guns and explosive devices and conspiracy to possess machine guns and explosive devices.
