after private defense team withdraws
Private lawyers for the Venezuelan couple resign over unpaid fees.
By Efecto Cocuyo
HAVANA TIMES — The criminal case against Nicolás Maduro and his wife Cilia Flores in the Federal Court for the Southern District of New York has entered a critical phase. Judge Alvin Hellerstein has begun the process of appointing federal public defenders for both defendants after their private legal team requested permission to withdraw due to nonpayment of legal fees.
The private defense team, led by attorney Barry Pollack, filed a motion to leave the case. The main reason involves sanctions imposed by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, which block Venezuelan government funds intended to pay for the legal representation. The court determined that Maduro and Flores do not have lawful personal resources in US territory to continue paying for private counsel.
Pollack argued in earlier hearings that the inability to receive payment violates the defendants’ constitutional right to choose their own lawyer under the Sixth Amendment. However, Judge Hellerstein declined to dismiss the charges on that basis and instead moved toward appointing public defenders, as happens with any defendant unable to afford private representation. The same situation applies to Flores.
This shift came after deadlines set by the judge expired without resolving the funding dispute. Prosecutors argued from the beginning that, absent usable funds, the defendants should rely on the federal public defender system.
Maduro and Flores face charges of narco-terrorism, conspiracy to import cocaine, and other offenses related to drug trafficking. Both pleaded not guilty after their capture and transfer to the United States in January 2026.
The proceedings continue in federal court in New York, with no trial date yet set. The appointment of public defenders marks a significant change in Maduro’s legal strategy, as he had until now relied on a high-profile private defense team.
First published in Spanish by Efecto Cocuyo and translated and posted in English by Havana Times.
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