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US Allows Maduro and Cilia Flores to Pay Lawyers with Venezuelan Funds

From El Nacional · (18m ago) Spanish

Translated from Spanish, summarized and contextualized by DistantNews.

TLDR

  • The US Office of Foreign Assets Control (OFAC) has authorized Venezuelan President Nicolás Maduro and his wife, Cilia Flores, to use Venezuelan government funds to pay their legal defense.
  • This modification aims to prevent the case from being dismissed due to due process violations, specifically the inability to afford legal representation due to sanctions.
  • With legal fees now secured, the defense has withdrawn motions to dismiss the charges, and the court has granted a 60-day stay for the discovery phase.

In a significant development concerning the ongoing legal proceedings against Venezuelan President Nicolás Maduro and his wife, Cilia Flores, the U.S. Office of Foreign Assets Control (OFAC) has issued modified licenses allowing them to utilize Venezuelan government funds for their legal defense. This decision, communicated to Judge Alvin Hellerstein, is a crucial step in ensuring the continuation of the case without it being derailed by arguments of financial indefensibility stemming from U.S. sanctions.

The authorization permits defense lawyers to receive payments from the Venezuelan government under specific conditions. This move is seen as a strategic effort by the U.S. judicial system to preemptively address potential claims of due process violations. By enabling the flow of resources for legal fees, the court aims to neutralize the defense's argument that economic sanctions have rendered them incapable of exercising their constitutional right to a fair trial and adequate legal representation.

The parties jointly notify the court that the Office of Foreign Assets Control (OFAC) has issued modified licenses regarding legal services provided to Nicolás Maduro and Cilia Flores. Said modified licenses permit defense attorneys to receive payments from the Venezuelan government under certain conditions.

— Court DocumentThis quote details the OFAC's authorization for Maduro and Flores to use government funds for their legal defense, as submitted to the court.

As a direct consequence of the OFAC's decision, the defense team has formally withdrawn their motions to dismiss the charges. These motions were predicated on the assertion of financial helplessness. The text, signed by federal prosecutor Jay Clayton, indicates that the modified licenses have resolved the underlying issues that prompted the defendants' motions, signaling a clear path forward for the judicial process.

Following the resolution of this financial dispute, the court has granted a 60-day stay in the proceedings. This period will be dedicated to the discovery phase, during which the U.S. government is obligated to provide the defense with all evidence and materials supporting the international drug trafficking charges. Maduro and Flores remain in custody at the Metropolitan Detention Center in Brooklyn as the trial preparations commence in the Southern District of New York.

The parties understand that the modified licenses have resolved the underlying issues to the defendants' motions.

— Jay Clayton (Federal Prosecutor)This statement from the federal prosecutor confirms that the legal issues raised by the defense regarding funding have been addressed by the OFAC licenses.
DistantNews Editorial

Originally published by El Nacional in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.