Rats on Sunken Drug Ship: Regime Capos Turn Informer on Maduro

The Department of Justice has a long track record of success in prosecuting organized crime rings. Even without the RICO statute, prosecutors could work to dismantle organizations by flipping lower-level operatives and cutting deals for testimony against ringleaders. That may produce some unseemly results – Sammy "The Bull" Gravano's release from prison in 2017 comes to mind – but dismantling the rackets and putting the ringleaders away for life is generally a good trade.

Now that the US has captured Nicolas Maduro, the DoJ needs to convict him of a crime. The former Venezuelan dictator faces charges of running a massive narco-trafficking empire, and prosecutors have plenty of documentary evidence. They still need testimony from insiders to confirm that Maduro ran the cartel business and directly profited from it. Fortunately, some of Maduro's former close associates in the syndicate need to cut deals, and they're already playing Monty Hall, as the Wall Street Journal reports today:

[Gen. Cliver] Alcalá and another former top official accused of conspiring with Maduro to traffic vast amounts of cocaine into the U.S. view the capture and potential criminal trial of Maduro as a golden opportunity to assist the U.S. government in its prosecution of the ousted president—and, in turn, help themselves.

Alcalá, 64 years old, is serving a nearly 22-year sentence after pleading guilty in 2023 to providing material support, including firearms, to the Revolutionary Armed Forces of Colombia, a former rebel group. He still denies some of the allegations against him—which presents a high hurdle for working with prosecutors—but openly claims to have information about alleged crimes committed by Maduro and his allies.

“I remain at your disposal to collaborate broadly with your government, with the aim of contributing to the security and justice of your country and mine,” Alcalá wrote in a letter to President Trump from prison.

Another alleged co-conspirator, former Venezuelan spy chief Hugo Carvajal, is in talks with prosecutors about being a cooperating witness against Maduro, according to a person familiar with the matter. 

Nicknamed El Pollo—the chicken—Carvajal was the first Venezuelan official indicted in the U.S. case, in 2011. He began criticizing Maduro in 2017 and two years later threw his support behind a U.S.-backed opposition leader.

Hugo "El Pollo" Carvajal sounds a little less tough than Sammy "The Bull" Gravano. Carvajal sounds every bit as self-serving, though. He wants out of prison, and he may have something to sell to get a sentence reduction or perhaps a commutation. The market is open now, and it's not surprising that we already have Blue Light Special shoppers looking for a bargain. 

The problem with this model, just as in any other conspiracy, is that these two participated in the same criminal conspiracy with Maduro for years. In order for courts to accept the testimony of co-conspirators in a trial, prosecutors must have corroborating evidence backing it up. In this case (as also in others), the value of the ratas is that they can corroborate the existing evidence and put it in proper context. They may provide evidence of new crimes as well, and that definitely will add value, but their testimony may be limited unless prosecutors can dig up admissible evidence.

That brings up another point, too. Much of the effort against Maduro over the years has been conducted by military and intelligence services, which sometimes makes it tough to use in open court. These two may be able to help prosecutors convert information gleaned through intelligence that may prove challenging to use in court into safe and usable evidence. 

At any rate, it certainly doesn't hurt to keep a few turncoats handy in organized crime prosecutions. And it helps to keep them alive, too. 

Interestingly, Maduro decided against cooperation in another case two weeks ago. That wouldn't have gotten him a deal, though, since he would have played for the defense:

Former Venezuela President Nicolas Maduro said Thursday he doesn’t want to be a witness for former Congressman David Rivera at his national-security trial in Miami, pointing out that he faces trial himself on narcoterrorism charges in New York.

Maduro’s defense attorney indicated in a letter filed in federal court that Maduro “will exercise his constitutional right under the Fifth Amendment to remain silent and respectfully declines to testify” at the trial of Rivera and political consultant Esther Nuhfer. ...

Maduro attorney Barry Pollack wrote Nuhfer’s lawyer, David O. Markus, who authored a motion to compel Maduro’s testimony with a subpoena if he refused to be a witness for the defense.

“Particularly in light of the conduct of the United States government related to the case against him in the Southern District of New York, Mr. Maduro must vigorously assert and protect his rights under the United States Constitution,” Pollack wrote. He added that U.S. military forces “abducted” Maduro on Jan. 3 and “brought him by force” to New York to face federal drug-trafficking charges. He’s being held at a federal lock-up in Brooklyn.

Markus told the Miami Herald that Maduro's testimony would have exonerated Rivera, and called on the DoJ to immunize his testimony to allow Maduro to do so. The DoJ didn't take the bait, and Maduro would have been insane to testify even if they did. This looks much more like a stunt from Markus to gain attention and to make it look like the DoJ and the White House have something to hide. The problem with that is that Markus never offered a proffer on Maduro's testimony, ie, a written explanation of what his testimony would reveal, making it look more like a fishing expedition and a PR stunt. 

Editor’s Note: Thanks to President Trump and his administration’s bold leadership, we are respected on the world stage, and our enemies are being put on notice.

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