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Monday, September 16, 2024

US seizes aircraft linked to Nicolás Maduro over export control violations

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Attorney General Merrick B. Garland | https://www.justice.gov/agencies/chart/ma

The Justice Department has announced the seizure of a Dassault Falcon 900EX aircraft, owned and operated for the benefit of Nicolás Maduro Moros and associated individuals in Venezuela. The aircraft was seized in the Dominican Republic and transferred to the Southern District of Florida at the request of the United States, based on violations of U.S. export control and sanctions laws.

“This morning, the Justice Department seized an aircraft we allege was illegally purchased for $13 million through a shell company and smuggled out of the United States for use by Nicolás Maduro and his cronies,” said Attorney General Merrick B. Garland. “The Department will continue to pursue those who violate our sanctions and export controls to prevent them from using American resources to undermine the national security of the United States.”

Assistant Secretary for Export Enforcement Matthew S. Axelrod commented, “Let this seizure send a clear message: aircraft illegally acquired from the United States for the benefit of sanctioned Venezuelan officials cannot just fly off into the sunset. It doesn’t matter how fancy the private jet or how powerful the officials – we will work relentlessly with our partners here and across the globe to identify and return any aircraft illegally smuggled outside of the United States.”

U.S. Attorney Markenzy Lapointe for the Southern District of Florida stated, “The United States’ seizure of the Dassault Falcon 900EX aircraft illustrates our unrelenting commitment to enforcing U.S. export control laws and imposing U.S. sanctions for any violations.” He added that this successful seizure resulted from planning, coordination, and execution by U.S. government authorities with invaluable assistance from Dominican Republic authorities.

Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI) Miami noted, “The seizure of this aircraft is another significant action by Homeland Security Investigations working with our domestic and international partners against illegal activities of the Maduro regime.” He emphasized HSI’s global reach and ongoing commitment to enforce US sanctions.

In August 2019, Executive Order 13884 was issued prohibiting U.S. persons from engaging in transactions with individuals acting directly or indirectly on behalf of Venezuela's government or members of Maduro’s regime. To protect U.S. national security interests, export controls were also imposed on items intended for Venezuelan military or intelligence end users.

According to U.S. investigations, in late 2022 and early 2023, individuals affiliated with Maduro allegedly used a Caribbean-based shell company to conceal their involvement in purchasing a Dassault Falcon 900EX valued at approximately $13 million from a company in Florida's Southern District. The aircraft was then exported illegally from the United States to Venezuela via Caribbean routes in April 2023.

Since May 2023, this Dassault Falcon bearing tail number T7-ESPRT has primarily flown between military bases in Venezuela for Maduro’s benefit, including transporting him on visits abroad.

The investigation is being conducted by various departments including Commerce Bureau’s Industry & Security Miami Field Office along with Homeland Security Investigations El Dorado Task Force Miami.

Assistant U.S. Attorneys Joshua Paster and Jorge Delgado for Southern District Florida alongside Trial Attorney Ahmed Almudallal are handling this case. Significant assistance came from Justice Department’s Office International Affairs as well as HSI Santo Domingo working closely with Dominican Republic authorities who have been thanked by US officials.

The burden to prove forfeiture lies upon government prosecutors during forfeiture proceedings.

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