Let's Take a Closer Look at That Maduro Indictment

Former Venezuelan President Nicolás Maduro Moros is no stranger to the pages of RedState. However, since early Saturday morning, Maduro's capture and transport to the United States to face criminal charges have been front and center (for obvious reasons).

Opinions regarding the actions taken by the U.S. in relation to Venezuela and Maduro, in particular, will run the gamut (and we can expect many on the Left to find a newfound adoration for the deposed dictator), but I wanted to take a moment to simply set forth the actual legal charges against Maduro (and his co-defendants). And a hearty h/t to the astute reader who suggested this!

Update: Maduro Lands in New York to Face Justice, Now Heading to NYC

The indictment is now unsealed, so we can dig into it a bit. Several things to note right up front:

This is a superseding indictment — meaning there have been prior indictments filed.
This stands to reason, as the case was initially filed on March 8, 2011, in the Southern District of New York, and the indictment filed on January 3, 2026, is designated as the 260th document in the case.
The case is presently assigned to U.S. District Judge Alvin K. Hellerstein.
There are six named defendants, including former Venezuelan First Lady Cilia Adela Flores De Maduro (Maduro's wife), and Nicolás Ernesto Madurro Guerra (Maduro's son, aka "Nicolasito" or "The Prince.")
There are four counts in the indictment
- Count I - Narco-Terrorism Conspiracy
- Count II - Cocaine Importation Conspiracy
- Count III - Possession of Machineguns and Destructive Devices
- Count IV - Conspiracy to Possess Machineguns and Destructive Devices
Maduro's wife and son are not charged in Count I, but are charged in Counts II-IV.
The sixth-named defendant in this indictment, Hector Rusthenford Guerrero Flores (a Tren de Aragua (TdA) leader, aka "Niño Guerrero"), appears to be the 10th-named defendant in the case overall — i.e., previous indictments included other named defendants who are not included in this one.

As Rusty outlined in his article (linked above) on the indictment (quoting U.S. Attorney General Pam Bondi):

"Nicolas Maduro has been charged with Narco-Terrorism Conspiracy, Cocaine Importation Conspiracy, Possession of Machineguns and Destructive Devices, and Conspiracy to Possess Machineguns and Destructive Devices against the United States."

Okay, let's take a closer look at the statutory basis for each of those charges:

Narco-Terrorism Conspiracy — 21 U.S.C. 960a — Foreign terrorist organizations, terrorist persons and groups
Cocaine Importation Conspiracy — 21 U.S.C. 960(b)(1)(B) — Prohibited Acts A
Possession of Machineguns and Destructive Devices — 18 U.S.C. 924(c)(1)(A), 924(c)(1)(B)(ii) — Penalties
Conspiracy to Possess Machineguns and Destructive Devices — 18 U.S.C. 924(c)(1)(A), 924(c)(1)(B)(ii) — Penalties

Each of those offenses carries with it steep penalties, including life imprisonment.

Ahead of setting forth the specific charges, the indictment lays out the background of the defendants and the acts they are alleged to have committed in fairly detailed fashion. So, if you've an interest in understanding the back story here, it's a solid resource.

Of course, the indictment merely sets forth allegations. Prosecutors in the Southern District of New York will still need to prove the case against Maduro and his co-defendants. And goodness knows when/if the case comes to trial, it will likely be a bit of a circus.

But, for anyone interested in a handy reference guide to the legal proceedings against Maduro, well, here you have it.

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