Charges Explained

A detailed breakdown of the four federal charges in the superseding indictment against Nicolas Maduro Moros, filed in the Southern District of New York.

4
Total Counts
LIFE
Max Sentence
2020
Indictment Year
SDNY
Jurisdiction
📄

Read the Superseding Indictment

Official DOJ document - PDF download

→

The Four Counts

Count 1

Narco-Terrorism Conspiracy

21 U.S.C. § 960a
Allegation
Conspiracy to manufacture and distribute cocaine, while knowing or intending that the proceeds would be used to support a designated foreign terrorist organization (FARC).
⚠
Maximum Penalty
Life Imprisonment

Key: This charge links drug trafficking directly to terrorism, triggering the most severe penalties under federal law.

Count 2

Cocaine Importation Conspiracy

21 U.S.C. §§ 963, 952, 959, 960
Allegation
Conspiracy to import into the United States five kilograms or more of cocaine, a Schedule II controlled substance, in violation of federal law.
⚠
Maximum Penalty
Life Imprisonment

Key: The 5+ kilogram threshold triggers enhanced penalties. The government alleges trafficking of far greater quantities.

Count 3

Use of Machineguns

18 U.S.C. § 924(c)
Allegation
Use and carrying of machineguns, and aiding and abetting the use of machineguns, during and in relation to the drug trafficking conspiracy.
🔫
Mandatory Minimum
30 Years Consecutive

Key: Section 924(c) sentences run consecutive to (not concurrent with) other sentences, significantly increasing total prison time.

Count 4

Destructive Devices

18 U.S.C. § 924(c)
Allegation
Use and carrying of destructive devices (such as grenades, rockets, or missiles), and aiding and abetting such use, during and in relation to the drug trafficking conspiracy.
💣
Mandatory Minimum
30 Years Consecutive

Key: This count runs consecutive to Count 3, adding another mandatory minimum on top of the drug charges.

💰 Forfeiture Allegations

The indictment seeks forfeiture of all property derived from or used in the alleged offenses.

21 U.S.C. § 853
Criminal forfeiture of property derived from drug trafficking proceeds
21 U.S.C. § 970
Civil forfeiture provisions for controlled substance violations
18 U.S.C. § 924(d)
Forfeiture of firearms and ammunition used in the offenses
21 U.S.C. § 853(p)
Substitute assets provisions when original property unavailable

Substitute Assets Provision

If the property subject to forfeiture cannot be located, has been transferred, placed beyond jurisdiction, diminished in value, or commingled with other property, the government may seek forfeiture of any other property of the defendant up to the value of the forfeitable property. This allows seizure of legitimate assets if ill-gotten gains are hidden or spent.

🏛 Venue: Why SDNY?

"First Brought" Doctrine

Under 18 U.S.C. § 3238, when an offense is committed outside any judicial district, venue lies in the district where the defendant is "first brought." Since Maduro was transported to SDNY, that district has venue.

18 U.S.C. § 3238

Extraterritorial Drug Jurisdiction

The Maritime Drug Law Enforcement Act and related statutes provide extraterritorial jurisdiction for drug trafficking conspiracies that have a nexus to the United States, even when conduct occurs entirely abroad.

46 U.S.C. § 70503

SDNY: The "Sovereign District"

The Southern District of New York is renowned for complex international cases. It has prosecuted El Chapo, major terrorism cases, and numerous high-profile international defendants.

U.S. Nexus Allegations

The indictment alleges that cocaine was destined for the United States and that the conspiracy had effects on U.S. interests, satisfying the constitutional requirements for federal jurisdiction.

📋 Understanding the Combined Exposure

▼

The charges create a sentencing framework designed to ensure life imprisonment upon conviction:

  • Counts 1 & 2: Each carries up to life imprisonment. These typically run concurrently (at the same time).
  • Counts 3 & 4: Section 924(c) charges carry mandatory minimums that run consecutively (one after another) to the drug counts.
  • Practical Effect: Even with a relatively short sentence on the drug counts, the 924(c) charges add 30+ years that cannot be reduced.
  • No Parole: Federal sentences are served in full (minus approximately 15% for good behavior). There is no federal parole system.

Bottom Line: A conviction on all counts effectively guarantees life imprisonment. The structure of the charges leaves virtually no path to release during the defendant's natural life.

Disclaimer: This page provides general legal information for educational purposes only. It is not legal advice and does not create an attorney-client relationship. The charges described are allegations; the defendant is presumed innocent until proven guilty.