US Allows Venezuela to Cover Maduro’s Legal Fees

Mérida, April 28, 2026 (venezuelanalysis.com) – The US government has authorized the use of Venezuelan state assets to cover the legal defense fees of President Nicolás Maduro and First Lady Cilia Flores. 

According to reports, the Treasury Department’s Office of Foreign Assets Control (OFAC) issued a waiver to its existing sanctions against the Caribbean country.

The resolution, formalized in an April 24 letter from the US Justice Department to New York District Judge Alvin Hellerstein, removes an early hurdle in the high-profile case against Maduro and Flores. The pair was kidnapped by US Special Forces on January 3 and is facing charges including drug trafficking conspiracy.

The joint letter, signed by US Attorney Jay Clayton and several assistant prosecutors, clarifies that the amended OFAC licenses allow defense counsel to receive payments under strict parameters. 

“The amended licenses authorize defense counsel to receive payments from the government of Venezuela with funds made available after March 5, 2026,” the document read. US prosecutors further clarified that the defense cannot be funded with Venezuelan oil revenues that are currently controlled by the US Treasury, as well as Venezuelan state assets that have been frozen for years.

The issue of access to legal funding had previously been a central flashpoint in the case. Barry Pollack, Maduro’s defense attorney, had filed a motion to dismiss the case, arguing that the US government was effectively denying the defendants their constitutional right to a fair trial by blocking their ability to pay for attorneys of their choice.

At the latest hearing on March 26, Judge Hellerstein ruled out dismissing the charges but challenged the US prosecutors’ justifications for blocking Caracas’ ability to fund Maduro and Flores’ defense.

Following the issuance of the OFAC licenses, the defense has reportedly withdrawn its motions to dismiss the case, though it retains the right to refile should similar financial obstacles arise in the future. The Venezuelan government has yet to comment on this latest development in the case.

At present, no date has been scheduled for either a hearing or the commencement of the trial. The parties have submitted a request to the court for a status conference to be scheduled in approximately 60 days. The case has progressed slowly, with the prosecution pointing to the complexity of the discovery process.

At their January 5 arraignment, Maduro and Flores pleaded not guilty to charges. Despite repeated “narcoterrorism” accusations over the years, US officials have not publicly provided evidence tying Venezuelan leaders to narcotics activities. In addition, reports from specialized agencies including the US’ DEA have consistently found Venezuela to play a marginal role in global drug trafficking.

Edited by Ricardo Vaz in Caracas.