Special Report: The Fall of the Mafia State
Geopolitical, Legal, and Military Analysis of the Indictment and Capture of Nicolás Maduro Moros
The End of Sovereign Immunity as a Shield
- Chapter I: The Legal Architecture of Case S2 11 Cr. 205
- Chapter II: The Cartel of the Suns – The Merger of State and Crime
- Chapter III: The Role of Judge Alvin Hellerstein and the Legal Battle in NY
- Chapter IV: From Pressure to Kinetic Action (2025-2026)
- Chapter V: The Night of the Generals (January 3, 2026)
- Chapter VI: Global Repercussions and the Sovereignty Debate
- Conclusions: The New Paradigm of Extraterritorial Justice
The early morning of January 3, 2026, not only marked the de facto end of Nicolás Maduro Moros' political hegemony in Venezuela, but also set a legal and military precedent unparalleled in the Western Hemisphere since the invasion of Panama in 1989. The execution of Operation “Southern Spear” (Lanza del Sur), culminating in the forcible extraction of the Venezuelan head of state by elite U.S. units, represents the kinetic crystallization of a legal architecture meticulously constructed over more than half a decade by the U.S. Department of Justice (DOJ).
This comprehensive report dissects the legal, political, and operational dimensions of this historic event. It analyzes how the indictment filed in March 2020 by the U.S. Attorney's Office for the Southern District of New York (SDNY) served as the legal cornerstone that stripped the Venezuelan regime of its international legitimacy, reclassifying it from a sovereign government to a “Joint Criminal Enterprise” under the doctrine of narco-terrorism. Through a detailed examination of the court records, the jurisprudence of Judge Alvin K. Hellerstein, and the chronology of the military escalation, it is demonstrated that Maduro's capture was not an impulsive act of foreign policy, but rather the final execution of an extraterritorial judicial process that redefines the limits of national sovereignty in the face of transnational organized crime.
Chapter I: The Legal Architecture of Case S2 11 Cr. 205
The operational basis for the US intervention does not lie in a conventional declaration of war, but in the criminal case United States v. Nicolás Maduro Moros et al., filed in the U.S. District Court for the Southern District of New York. This document, revealed to the world on March 26, 2020, by then-Attorney General William Barr, was not simply a tool of diplomatic pressure, but a legal instrument designed to activate extraterritorial jurisdictions under specific federal statutes.
1.1. Anatomy of the Indictment: Beyond Drug Trafficking
The formal indictment charges Nicolás Maduro and 14 other senior Venezuelan officials—including Diosdado Cabello Rondón, Vladimir Padrino López, and Maikel Moreno—with turning the Venezuelan state into a logistical platform for terrorism and drug trafficking. Unlike traditional cases against drug lords, where the goal is profit, the U.S. Attorney's Office introduced a theory of the case based on “asymmetric warfare.”
Prosecutors from the SDNY, led at the time by Geoffrey Berman and later by Damian Williams, argued that the conspiracy led by Maduro had a dual purpose: illicit enrichment and, crucially, the use of cocaine as a strategic “weapon” against the United States. This distinction is vital, as it allows for the invocation of the Narcoterrorism Act (21 U.S.C. § 960a), a statute that gives U.S. courts global jurisdiction over any individual who participates in drug trafficking activities that benefit terrorist organizations or that are intended to harm U.S. national security.
The Four Capital Charges
The indictment structures Maduro's criminal liability into four specific counts, each designed to close the legal net on his activities as de facto head of state:
1. Participation in a Narco-Terrorism Conspiracy (Count One): This is the most serious and novel charge. Maduro is accused of leading the Cartel of the Suns and entering into a strategic alliance with the Revolutionary Armed Forces of Colombia (FARC) since at least 1999. The indictment alleges that this alliance was not incidental, but structural. The Cartel of the Suns provided weapons, state protection, and use of infrastructure (ports and airports), while the FARC provided cocaine and paramilitary force. The mandatory minimum sentence for this charge is 20 years in prison, with a maximum of life imprisonment.
2. Conspiracy to Import Cocaine into the United States (Count Two): Under Section 963 of Title 21 of the United States Code, Maduro is charged with intentionally conspiring to ship thousands of tons of cocaine to U.S. soil. The evidence cited includes the coordination of flights from Venezuelan air bases to clandestine airstrips in Honduras and the Caribbean, with the final destination being the US. The prosecution documents specific incidents, such as the seizure of aircraft loaded with cocaine that took off under official Venezuelan protection.
3. Possession of Machine Guns and Destructive Devices (Count Three): This charge directly links the state's military apparatus to criminal activity. Maduro and his co-conspirators are accused of possessing and using weapons of war—machine guns, grenade launchers, and surface-to-air missiles—to protect drug shipments. The use of state military resources for drug trafficking purposes aggravates the nature of the crime, eliminating the defense that the weapons were for “national defense.”
4. Conspiracy to Possess Machine Guns and Destructive Devices (Count Four): A derivative charge that reinforces the violent conspiracy, ensuring that even the agreement to use these weapons in support of narco-terrorism is punishable by severe penalties, including life imprisonment.
1.2. The “Flood” Theory and Asymmetric Terrorism
One of the most unique and aggressive aspects of the indictment is the motivation attributed to the defendants. According to the Department of Justice, the explicit goal of the alliance between the Cartel of the Suns and the FARC was to “flood” the United States with cocaine.
Prosecutors allege that during meetings documented by confidential informants, cartel leaders expressed their intent to destabilize American society by increasing drug addiction and violence, while financing the FARC's armed insurgency to attack U.S. interests in Colombia. This narrative transforms drug trafficking from a mere public health offense or organized crime to an act of hybrid warfare.
By framing Maduro's actions as a deliberate attack on the U.S. civilian population through chemical substances (cocaine, and more recently allegations of fentanyl), the DOJ constructed a moral and legal argument that facilitated the classification of the regime not as a hostile government, but as a transnational terrorist organization.
This was instrumental in justifying, years later, the use of military force to capture him, under the premise of national self-defense.
Chapter II: The Cartel of the Suns – The Merger of State and Crime
To understand the magnitude of the accusation, it is imperative to dissect the criminal entity that the prosecution places at the center of the conspiracy: the Cartel of the Suns. Unlike traditional criminal organizations such as the Sinaloa Cartel or the Clan del Golfo, the Cartel of the Suns is not an external structure that corrupts the state; it is the state itself.
2.1. Genesis and Organizational Structure
The term “Cartel of the Suns” refers to the sun insignia worn by generals of the Bolivarian National Armed Forces (FANB) on their epaulettes. The U.S. investigation indicates that this organization does not operate under a traditional vertical criminal hierarchy, but rather as a network of cells embedded within the branches of Venezuelan public and military power.
The indictment details a sinister evolution: what began in the 1990s as localized corruption in the National Guard to allow the passage of drugs was transformed under Chavismo into an unofficial state policy.
According to the DOJ, Hugo Chávez and later Nicolás Maduro institutionalized drug trafficking as a state tool to finance covert operations, buy military loyalties, and undermine U.S. influence in the region.
2.2. Modus Operandi: The Logistics of Narco-Terrorism
The symbiosis between the Cartel of the Suns and the FARC is the operational engine described in the indictment.
● Division of Labor: The FARC controlled the cultivation and processing of cocaine in jungle laboratories in Colombia and along the Venezuelan border. Once the drugs crossed the border, the Cartel of the Suns took custody, using military vehicles and official escorts to transport them to departure points.
● State Infrastructure: Unlike drug traffickers who build makeshift clandestine airstrips, the Cartel of the Suns used, according to the prosecution, official infrastructure. It cites the use of the Libertador Air Base in Maracay, Maiquetía International Airport, and even the presidential ramp (the “Rampa 4”) to dispatch drug-laden flights to Central America and the Caribbean without passing through customs controls.
● Arms for Drugs: A critical component of the indictment is the supply of weapons. Maduro and his generals are accused of diverting weapons from the FANB arsenal—including assault rifles, ammunition, and man-portable air defense systems (MANPADS)—to the FARC as payment for cocaine or to strengthen the guerrilla group's capacity against the Colombian state.
Chapter III: The Role of Judge Alvin Hellerstein and the Legal Battle in NY
The assignment of the case to Federal Judge Alvin K. Hellerstein in the Southern District of New York (SDNY) was not a mere administrative formality, but a determining factor in the legal viability of the US strategy. Hellerstein, known for his rigor and experience in national security cases, became the central arbiter of the sovereign immunity disputes that paved the way for the capture.
3.1. The Cliver Alcalá Precedent
Before Maduro set foot on US soil, Judge Hellerstein had already established crucial case law in the related case against General Cliver Alcalá Cordones. Alcalá, a former major general in the Venezuelan army and co conspirator in the same indictment, was extradited to the US and his defense attempted to dismiss the charges by arguing sovereign immunity, claiming that his actions (even if they involved drugs) were carried out in his official capacity as a general following orders from the state.
In a landmark ruling in June 2023, Hellerstein flatly rejected this defense. He ruled that “sovereign immunity does not protect a rogue state or rogue officials” when their actions flagrantly violate U.S. federal laws and peremptory international norms (ius cogens) such as the prohibition on drug trafficking. The judge argued:
"We are not dealing with ordinary criminal conduct. We are dealing with criminal conduct at the highest levels of government that seeks to use the machinery of the state for the purposes of narco-terrorism."
This ruling destroyed the legal shield that Maduro hoped to use. It established that, under U.S. law, a foreign official loses his functional immunity if his conduct deviates into transnational criminal activities that threaten the security of the United States. When Alcalá pleaded guilty and was sentenced to more than 21 years in prison, the prosecution's theory was validated and a clear message was sent to Miraflores: the office of “President” would not be an insurmountable barrier in the Southern District of New York court.
3.2. The Criminality Exception
The SDNY prosecution has perfected the use of the “criminality exception” in the doctrine of immunity. They argue that diplomatic recognition is a prerogative of the Executive (the White House), not the Judiciary. Given that the United States, under the Trump and Biden administrations, questioned and eventually disregarded the legitimacy of Maduro's re-election in 2018 and 2024, Maduro's status as “head of state” was, in the eyes of U.S. law, non-existent or disputed.
By treating the regime not as a legitimate government but as a criminal organization with territorial control (de facto), the DOJ was able to apply legal tools designed for mafias and terrorist groups (such as the RICO Act and narco-terrorism statutes) to the entire Venezuelan government leadership.
Chapter IV: From Pressure to Kinetic Action (2025-2026)
Although the legal basis was established in 2020, the political will to execute a direct military capture crystallized with Donald Trump's return to the presidency and the hardening of the US stance toward Venezuela in 2025. The failure of “dual power” strategies (Guaidó's interim government) and the failed negotiations in Barbados led Washington to conclude that the only way out was to decapitate the regime by force.
4.1. The Escalation: Rewards and Designations
In August 2025, the State Department made an unprecedented move: it increased the reward for information leading to the capture of Nicolás Maduro from $15 million to $50 million. This figure placed Maduro at the top of the world's most wanted list, surpassing historical leaders of terrorist organizations.
Simultaneously, the Treasury Department and the DOJ reclassified the Cartel of the Suns. They were no longer considered drug traffickers designated under the Kingpin Act, but began to be treated under counterterrorism legal frameworks, which relaxed the Rules of Engagement (ROE) for U.S. military forces. This designation allowed the Pentagon to plan not only law enforcement interdiction operations, but also direct military action.
4.2. Operation Southern Spear
In late 2025, Secretary of Defense Pete Hegseth announced the launch of Operation Southern Spear. Publicly presented as a massive surveillance and anti-narcotics campaign in the Caribbean, it actually served as operational cover for the positioning of strategic strike assets.
● The Naval Encirclement: The U.S. Navy deployed the USS Gerald R. Ford (CVN-78) Carrier Strike Group and multiple Arleigh Burke-class destroyers to Caribbean waters, creating a de facto naval blockade off the Venezuelan coast.
● Drone Warfare: In December 2025, surgical drone strikes, attributed to the CIA and special forces, began to degrade the infrastructure of the Cartel of the Suns, hitting port facilities and drug warehouses on the Venezuelan coast, testing the regime's air defenses without committing troops on the ground.
Chapter V: The Night of the Generals (January 3, 2026)
The final phase of the strategy was executed in the early hours of January 3, 2026. Taking advantage of a favorable weather window and human intelligence (HUMINT) presumably provided by internal defectors incentivized by the million-dollar reward, the Joint Special Operations Command (JSOC) was given the order to proceed.
5.1. Tactical Execution: Precision and Overwhelming Force
At approximately 02:00 local time (VET), a series of coordinated explosions rocked key locations in Caracas and La Guaira state. The targets were not civilians, but the centers of gravity of the military and praetorian power protecting Maduro.
● Suppression of Enemy Air Defenses (SEAD): Cruise missiles and air strikes neutralized the anti-aircraft defense systems (probably Russian S-300 and Buk-M2 systems) located at La Carlota Air Base and around Fuerte Tiuna, the fortified military complex where the high command and Maduro himself resided.
● The Delta Force Raid: While chaos reigned in Venezuelan military communications—cut off or jammed by U.S. electronic warfare—operators from the Delta Force (1st Special Forces Operational Detachment-Delta) carried out a direct helicopter insertion into the Fuerte Tiuna complex. This unit, famous for its operation against Abu Bakr al-Baghdadi, specializes in “capture or kill” missions against high-value targets (HVT).
● Securing and Extraction: Resistance was quickly neutralized. Nicolás Maduro and his wife, Cilia Flores (also accused of drug trafficking and corruption), were secured by US operators. In an operation that lasted less than an hour on the ground, they were extracted via heavy helicopters (possibly modified MH-47 Chinooks) to international waters.
5.2. Destination: The USS Iwo Jima and New York
Following the extraction, Maduro and Flores were transferred to the amphibious assault ship USS Iwo Jima (LHD-7), which served as a command and control platform in the Caribbean. There, under military and federal custody, the formal process of detention and prosecution began before their final air transfer to the continental United States.
President Trump confirmed the operation at 4:26 a.m. via his social media platform Truth Social, stating: “The United States of America has successfully carried out a large-scale attack on Venezuela and its leader, President Nicolás Maduro, who has been, along with his wife, captured and removed from the country.” The confirmation sparked an immediate geopolitical storm.
Chapter VI: Global Repercussions and the Sovereignty Debate
The capture of a sitting head of state by a foreign military operation is a seismic event in international relations. The reactions reflected the fracture of the multipolar global order.
6.1. The Axis of Resistance: Absolute Condemnation
Maduro's strategic allies reacted with outrage and fear, interpreting the operation as an existential threat to their own regimes.
● Russia: The Kremlin issued urgent statements demanding “immediate clarification” and calling the action a flagrant violation of Venezuelan sovereignty and international law. Moscow sees this as a dangerous precedent that could be applied to other leaders opposed to Washington.
● China: Beijing condemned the “hegemonic acts” of the US and called for respect for the UN Charter, although its reaction was more measured in rhetoric, focusing on the stability of its investments.
● Iran and Cuba: They denounced the operation as “state terrorism” and an act of international piracy, warning of the consequences for regional stability.
6.2. Western and Latin American Ambiguity
● European Union: Brussels' response was an exercise in diplomatic balance. Kaja Kallas, the EU's High Representative, called for “restraint” and respect for international law, but avoided explicitly condemning the capture, recalling that the EU did not recognize Maduro's democratic legitimacy.
● Latin America: The region was divided. Brazilian President Lula da Silva harshly criticized the action as an “unacceptable crossing of the line” that violates the tradition of non-intervention in South America. Colombia, under Gustavo Petro, called for an urgent meeting of the UN Security Council, fearing the spillover of the conflict and a new wave of migration.
6.3. The Constitutional Debate in the US
Domestically, the operation reignited the debate over the War Powers. The Trump administration did not seek prior authorization from Congress, notifying the legislative leadership (“Gang of Eight”) only after the operation was already underway. Democratic and libertarian lawmakers introduced resolutions questioning the legality of the attack under the War Powers Resolution of 1973, arguing that it constituted an unauthorized act of war. The White House defended the legality of the action based on Article II of the Constitution (powers of the Commander-in-Chief for self-defense) and on statutes authorizing the use of force against terrorists, given the charge of narco-terrorism.
Conclusions: The New Paradigm of Extraterritorial Justice
The capture of Nicolás Maduro marks the end of one era and the beginning of another, much more uncertain one. Legally, it consolidates the doctrine that “sovereignty” is not an absolute shield from U.S. justice when a state becomes a transnational criminal enterprise. The upcoming trial in the Southern District of New York, under the supervision of Judge Hellerstein, will not only be a trial against one man, but a public autopsy of how an entire country was hijacked by organized crime.
For Venezuela, the immediate power vacuum presents existential risks of civil war, but also the first real opportunity in decades to dismantle the mafia state. Without Maduro to arbitrate disputes between factions of the Cartel of the Suns, the criminal structure is likely to implode, with generals seeking plea bargains with the US to save themselves.
Operation Southern Spear demonstrates that, for the United States, the distinction between “war,” “police,” and “justice” has vanished in the fight against narco-states, setting a precedent that will resonate in all capitals that Washington considers hostile. The message is unequivocal: there is no sanctuary, not even behind the walls of a presidential palace.
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