prosecution

Ousted Venezuelan leader Nicolás Maduro stood in a Manhattan courthouse Monday a captive criminal defendant: surrounded by heavy security, deprived of his power as a head of state and facing drug, weapon and conspiracy charges likely to keep him behind bars for years.

“I was captured,” he said in Spanish, before pleading not guilty during a brief arraignment. “I am a decent man, the president of my country.”

Just two days prior, more than 2,000 miles away in Caracas, Maduro was seated “atop a corrupt, illegitimate government that, for decades, has leveraged government power to protect and promote illegal activity, including drug trafficking,” according to a sweeping indictment unsealed Saturday.

What preceded Maduro’s swift downfall was not just his weekend capture in what President Trump called “one of the most stunning, effective and powerful displays of American military might” in U.S. history, but decades of partnership with “narco-terrorists” from Venezuela, Colombia and Mexico to enrich himself and his family through “massive-scale” cocaine trafficking, the indictment claims.

The allegations, built off a 2020 indictment, stretch back a quarter-century and implicate other Venezuelan leaders and Maduro’s wife and son. They suggest extensive coordination with notorious drug trafficking organizations and cartels from across the region, and paint a world Trump himself has long worked to instill in the minds of Americans — one in which the nation’s southern neighbors are intentionally flooding the U.S. with lethal drugs and violent criminals, to the devastation of local communities.

It is a portrait of drugs, money and violence every bit as dramatic as the nighttime raid that sent jets and helicopters into Venezuelan airspace, U.S. special forces into Maduro’s bedroom and Maduro and his wife into U.S. custody and ultimately to their arraignment in court Monday.

It appears to rely on clandestine intelligence and other witness testimony gathered over the course of decades, which Maduro’s defense team will undoubtedly seek to discredit by impugning the cast of characters — some drug traffickers themselves — whom prosecutors relied on.

Legal experts said it could take years for the case to reach trial, slowed not only by the normal nuance of litigating a multi-defendant conspiracy case but the added complexity of a prosecution that is almost certainly predicated in part on classified intelligence.

“That’s very different than a typical drug case, even a very high-level drug case, [where] you’re not going to have classified State Department cables the way you’re going to have them when you’re actually prosecuting a head of state or a former head of state,” said Renato Stabile, an attorney for former Honduran president Juan Orlando Hernández, who was convicted in a similar cocaine trafficking case in 2024 before being pardoned by Trump last month.

Joe McNally, the former acting U.S. attorney for the Central District of California, which includes Los Angeles, said he expects the case will take at least a year to get to trial, after prosecutors “show their cards” and Maduro’s attorneys review that evidence and seek out their own witnesses.

He said he expects a strong case from prosecutors — despite it being “not easy to prove a case that involves high level cartel activity that’s happening thousands of miles away” — that will appropriately play out entirely in public view.

“He’ll have his day in court. It’s not a military tribunal,” McNally said. “His guilt or innocence will be decided by 12 people from the district [in New York where he’s been indicted], and ultimately the burden will be on the prosecutor.”

The case against Maduro

According to the indictment, Maduro and his fellow indicted Venezuelan leaders have since about 1999 “partnered with some of the most violent and prolific drug traffickers and narco-terrorists in the world” — including the FARC and ELN groups in Colombia, the Sinaloa and Los Zetas cartels in Mexico and the Tren de Aragua gang in Venezuela.

Among the others indicted in the case is Hector Rusthenford Guerrero Flores, aka “Niño Guerrero,” a purported leader of Tren de Aragua.

Trump has accused Tren de Aragua of committing violence in the U.S. and used alleged ties between it and Maduro to justify using a wartime statute to deport Venezuelans accused of being in the gang to a notorious Salvadoran prison. However, Maduro’s links to the group have been heavily questioned in the past — including by U.S. intelligence agencies — and the indictment doesn’t spell out any specific links between Maduro and Guerrero Flores.

The indictment alleges Maduro and his co-conspirators “facilitated the empowerment and growth of violent narco-terrorist groups fueling their organizations with cocaine profits,” including by providing “law enforcement cover and logistical support for the transport of cocaine through Venezuela, with knowledge that their drug trafficking partners would move the cocaine north to the United States.”

It specifically alleges that between 2006 and 2008, when he was foreign affairs minister, Maduro sold diplomatic passports to people he knew were drug traffickers, specifically so they could move drug proceeds from Mexico back to Venezuela “under diplomatic cover” and without military or law enforcement scrutinizing their flights.

It also alleges that between 2004 and 2015, Maduro and his wife, Cilia Flores, “worked together to traffic cocaine, much of which had been previously seized by Venezuelan law enforcement, with the assistance of armed military escorts.”

It alleges the couple “maintained their own groups of state-sponsored gangs known as colectivos to facilitate and protect their drug trafficking operation,” and “ordered kidnappings, beatings, and murders against those who owed them drug money or otherwise undermined their drug trafficking operation, including ordering the murder of a local drug boss in Caracas.”

The indictment references a half-dozen other criminal cases already brought in the U.S. against others with alleged ties to Maduro and his alleged co-conspirators, several of whom have been convicted.

What’s ahead

Stabile said the legally questionable nature of Maduro’s capture will no doubt be a factor in the criminal proceedings ahead, with his defense team likely to argue that his detention is unlawful. “That’s going to be front and center, and I assume it’s going to be the subject of a motion to dismiss,” he said.

Whether anything will come of that argument, however, is less clear, as courts in the U.S. have in the past allowed criminal proceedings to continue against individuals captured abroad, including former Panama dictator Manuel Noriega. Part of the U.S. argument for why Noriega could be prosecuted was that he was not the legitimate leader of Panama, an argument that is likely to be made in Maduro’s case, too.

Beyond that, Stabile said how the case plays out will depend on what evidence the government has against Maduro.

“Is his case just gonna be based on the testimony of sources and cooperators, which is pretty much what it was in President Hernandez’s case?” Stabile said. “Or are there recordings? Are there videos? Are there bank records? Are there text messages? Are there emails?”

McNally said he will be watching to see whom prosecutors have lined up to testify against Maduro.

“In most of the high-level narcotics trafficking cases, international narcotics trafficking cases that have been brought and go to trial, the common thread is that you end up with cooperators — individuals who were part of the conspiracy, they were the criminal partners of the defendant, and they ultimately decide, hey, it’s in my self-interest to come forward and testify,” McNally said.

“They obviously are cross-examined, and they’ll frequently be accused of … lying for their own self-interest,” he said. “But in my experience, cooperators in these types of cases are especially valuable, and the key is to then corroborate them with other witnesses who tell the same story or documentary evidence.”

Eric Neff’s tenure at the Los Angeles County district attorney’s office ended after he was placed on administrative leave in 2022 over accusations of misconduct in the prosecution of the CEO of Konnech, a software company that election conspiracy theorists said was in the thrall of the Chinese government.

Now, three years later, Neff is serving as one of the Trump administration’s top election watchdogs.

Late last year , his name began appearing on lawsuits filed by the U.S. Department of Justice’s Civil Rights Division, listed as “acting chief” of the voting section.

Neff’s appointment, first reported by Mother Jones, has prompted renewed scrutiny of his work at the L.A. County district attorney’s office.

The Times interviewed several of Neff’s former colleagues, who revealed new details about claims of misconduct that emerged from the Konnech case, and said they were alarmed that someone with almost no background in federal election law was named to a senior position.

Neff led the 2022 investigation of Konnech, a tiny Michigan company whose software is used by election officials in several major cities. In a criminal complaint, Neff accused the company’s CEO, Eugene Yu, of fraud and embezzlement, alleging the company stored poll worker information on a server based in China, a violation of its contract with the L.A. County registrar’s office.

Six weeks after a complaint was filed, prosecutors dropped the case and launched an investigation into “irregularities” and bias in the way evidence was presented against Konnech, the D.A.’s office said in a 2022 statement.

The county paid Konnech $5 million and joined a motion to find Yu factually innocent as part of a legal settlement.

The internal probe was focused on accusations that Neff misled supervisors at the district attorney’s office about the role of election deniers in his investigation, according to two officials with direct knowledge of the case who requested anonymity because they were not authorized to discuss it publicly.

Neff also allegedly withheld information about potential biases in the case from a grand jury, according to the two officials.

In a civil lawsuit filed last year, Neff said the internal review by the D.A.’s office cleared him of wrongdoing. The two officials familiar with the probe who spoke on the condition of anonymity disputed Neff’s characterization of the findings.

A spokesman for Dist. Atty. Nathan Hochman declined to comment or provide the results of the investigation into Neff, which the officials said was conducted by an outside law firm that generated a report on the case. Neff’s attorney also did not provide a copy of the report.

A Department of Justice spokesman declined to comment.

Neff’s attorney, Tom Yu — no relation to the Konnech CEO — said his client had no obligation to provide background information about the origins of the case to the grand jury.

Neff’s appointment comes as President Trump continues to remake the DOJ in his own image by appointing political loyalists with no criminal law background as U.S. attorneys in New Jersey and Virginia and seeking prosecutions of his political enemies, such as former FBI Director James Comey.

Trump has never recanted his false claim that he won the 2020 election.

When then-L.A. County Dist. Atty. George Gascón announced the charges against Konnech in 2020, Trump said the progressive prosecutor would become a “National hero on the Right if he got to the bottom of this aspect of the Voting Fraud.”

The Konnech case was centered on contract fraud, not voter fraud or ballot rigging. Six weeks after the charges were filed, the case disintegrated.

The D.A.’s office cited Neff’s over-reliance on evidence provided by True the Vote, the group that pushed the unfounded Chinese government conspiracies about Konnech and also appeared in a film that spread claims that the 2020 presidential election was stolen.

Gascón initially denied that True the Vote was involved in the case, but weeks later, a D.A.’s office spokesman said a report from the group’s co-founder, Gregg Phillips, sparked the prosecution. Phillips testified in court in July 2022 that it was Neff who first contacted him about Konnech.

The two officials who spoke to The Times said that Neff withheld True the Vote’s role from high-level D.A.’s office staff, including Gascón, when presenting the case.

Gascón declined an interview request, noting he is named in Neff’s pending lawsuit, which is slated for trial in early 2026.

Neff’s attorney insisted the case against Konnech was solid.

“He was let go because Trump tweeted a statement of ‘Go George Go’,” the attorney said. “That’s why Eugene Yu was let go. Because Gascón was so scared he was going to lose votes.”

Calls and emails to an attorney who previously represented Eugene Yu were not returned.

In his lawsuit, Neff claimed he had evidence that “Konnech used third-party contractors based in China and failed to abide by security procedures” to protect L.A. County poll worker data. The evidence was not attached as an exhibit in the lawsuit.

A DOJ spokesperson declined to describe Neff’s job duties. His name appears on a number of lawsuits filed in recent months against states that have refused to turn over voter registration lists to the Trump administration.

Neff is also involved in a suit filed against the Fulton County clerk’s office in Georgia seeking records related to the 2020 election, records show.

“We will not permit states to jeopardize the integrity and effectiveness of elections by refusing to abide by our federal elections laws,” Asst. Atty. Gen. Harmeet Dhillon, the California conservative who now leads the civil rights division, said in a recent statement. “If states will not fulfill their duty to protect the integrity of the ballot, we will.”

Dhillon declined to comment through a DOJ spokesman.

The voting section “enforces the civil provisions of the federal laws that protect the right to vote, including the Voting Rights Act,” according to the DOJ’s website.

It does not appear that Neff has any background working on cases related to federal election law. He first became an L.A. County prosecutor in 2013 and spent years handling local crime cases out of the Pomona courthouse. He was promoted and reassigned to the Public Integrity Division, which investigates corruption issues, in 2020, according to his lawsuit.

While there, he handled only two prosecutions related to elections. One was the Konnech case. The other involved allegations of election rigging against a Compton city council member.

In August 2021, Isaac Galvan, a Democrat, was charged with conspiring to commit election fraud after he allegedly worked to direct voters from outside his council district to cast ballots for him. Galvan won the race by just one vote, but was booted from office when a judge determined at least four improper ballots had been cast.

Galvan’s criminal case is still pending; he recently pleaded guilty to charges in a separate corruption and bribery case in federal court. A spokesman for the U.S. attorney’s office in Los Angeles said there was no overlap between the D.A.’s election rigging case and the bribery case against Galvan. Federal prosecutors are not reviewing the Konnech case, the spokesman said.

Court filings show Neff was involved in Galvan’s L.A. County case, but the prosecution was led by a more senior attorney.

Justin Levitt, a constitutional law professor at Loyola Law School who served in the civil rights division during the Obama administration, said section chiefs normally have decades of experience in the area of law they’re meant to supervise.

“The biggest problem with somebody with Neff’s history is the giant screaming red flag that involves filing a prosecution based on unreliable evidence,” Levitt said. “That’s not something any prosecutor should do.”

Neff’s attorney, Yu, scoffed at the idea that his client was not experienced enough for his new role in the Trump administration, or that he was selected due to his involvement in the Konnech case.

“Eric got the job because he’s qualified to get the job. He didn’t get the job for any other reason. He got the job because he’s an excellent advocate,” Yu said. “I think the Justice Department is very fortunate to have Eric.”

Times Staff Writer Seema Mehta contributed to this report.