Hayden O’Byrne United States Attorney for the Southern District of Florida | The Florida Bar
The United States has filed a civil forfeiture complaint in the Southern District of Florida against a Dassault Falcon 900 EX aircraft, tail number T7-ESPRT. The aircraft was allegedly smuggled from the U.S. under false pretenses and used for the benefit of Nicolás Maduro Moros and his representatives in Venezuela, violating U.S. sanctions and export control laws. It was seized last year in the Dominican Republic at the request of the U.S.
The complaint claims that the aircraft was purchased and maintained in violation of U.S. sanctions against Maduro and his regime. It is deemed forfeitable due to violations of U.S. law, including the International Emergency Economic Powers Act (IEEPA) and money laundering violations.
Since 2014, the U.S. has imposed sanctions on individuals, entities, and sectors in Venezuela to address political oppression and corruption by Maduro's regime. On March 8, 2015, a national emergency was declared by the President due to threats posed by Venezuela's situation.
Further actions were taken in subsequent years, including Executive Order (E.O.) 13884 issued on August 5, 2019, which prohibits transactions benefiting blocked persons or entities associated with Maduro's regime.
The complaint alleges that on January 23, 2023, a company based in St. Vincent and the Grenadines (Foreign Company 1) contracted to purchase the aircraft from a Florida company for $13,250,000. A Venezuelan national (Foreign Principal 1), associated with Maduro's regime, concealed this association during the transaction.
It is alleged that Foreign Company 1 acted as a nominee owner of the aircraft after being formed shortly before its purchase in June 2022 but was struck off St. Vincent’s register for non-payment of fees by May 2024.
Funds for purchasing were reportedly transferred via multiple countries using different currencies. Communication with sellers involved an email domain from UAE despite Spanish names being used.
On April 3, 2023, it is alleged that the aircraft flew from the U.S. to St. Vincent then to Caracas piloted by members of Venezuela’s Presidential Honor Guard alongside another military-operated plane.
Since May 2023, it is claimed that the aircraft made over twenty trips between Venezuela and other destinations with Maduro seen using it for official visits such as a December prisoner exchange with America.
In March 2024 while undergoing maintenance in Dominican Republic Foreign Company claimed ownership concealing its operation for Maduro’s benefit according to allegations made within complaints filed later when attempts were made retrieving said craft unsuccessfully leading towards eventual seizure warrant execution upon request ensuring safe return stateside September same year amidst admission regarding usage confirmed publicly thereafter followed closely behind similar action taken concerning second craft identified similarly through Treasury Department investigation concluding early February following calendar turnover into new annum involving state-owned oil firm Petroleos de Venezuela S.A., PdVSA blockages cited therein corroborated likewise previous instances detailed hereinabove contextually referenced overall scope respective jurisdictional purview entailed thereby
Investigations are led by Department Commerce Bureau Industry Security Miami Field Office alongside Homeland Security Investigations Santo Domingo under auspices collaborative efforts spearheaded jointly Assistant Attorneys Joshua Paster Jorge Delgado National Security Division Trial Attorney Ahmed Almudallal Counterintelligence Export Control Section Justice Department supported further international cooperation facilitated El Dorado Task Force Miami inclusive substantial contributions rendered Dominican authorities commended duly acknowledged accordingly reference materials accessible online pertinent district court portal designated case number specified therein