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United States v. Maduro Moros et al. · S.D.N.Y. No. 1:11-cr-00205

Prosecutors seek to bar Maduro, Flores from sharing evidence with fugitive co-defendants

ImportantFiled in court on March 23, 2026 · Judge Alvin K. Hellerstein
Published · Updated

Prosecutors asked the judge to approve a protective order governing how case evidence can be used and shared. Maduro and Cilia Flores agree to nearly all of the proposed order but object to Paragraph 13, which would bar them from sharing that material with the four co-defendants still at large, including Diosdado Cabello. Prosecutors argue there is good cause for that restriction, alleging those co-defendants have used violence against witnesses under the cover of state power and could do so again if given access to the material.

Court
U.S. District Court, Southern District of New York (Manhattan) · case 1:11-cr-00205
Judge
Alvin K. Hellerstein · who he is
Prosecution
U.S. Attorney's Office, Southern District of New York (U.S. Attorney Jay Clayton)
Defense
Barry Pollack (Maduro) · Mark Donnelly (Cilia Flores)
Next date
September 30, 2026 · Defense reply on house arrest due
Where it stands
Maduro and Cilia Flores held at MDC Brooklyn since January 2026; both pleaded not guilty. Trial set for June 1, 2027. Hugo Carvajal pleaded guilty (June 2025) and awaits sentencing. Diosdado Cabello is charged but not in custody.

What it means

The dispute shows the defense accepting nearly the entire evidence-protection scheme while trying to preserve some information-sharing link with the co-defendants who remain free. Prosecutors, by contrast, argue that giving Cabello and the other fugitives access to the evidence would endanger witnesses and the ongoing investigation, noting they retain influence and ties to power. The letter reflects the government's position only; the judge has not yet ruled on the disputed point.

In the document's own words

“there is good cause for the limitation set forth in Paragraph 13, including because the defendants' sharing of discovery with unapprehended defendants would pose an unacceptable risk of (1) harm to witnesses and their families, (2) destruction of evidence, and (3) impeding ongoing investigations.”
Page 1 — This is the government's core argument for the restriction that Maduro and Flores are contesting.
“Disclosure Material may not be shared with any named defendant who has not yet been apprehended in this action or any such defendant's counsel.”
Page 2 — This is the exact text of Paragraph 13, the clause in dispute.
“Cabello Rondón—one of the Co-Defendants—worked with Maduro Moros to cover up their crimes by authorizing the arrest and detention of innocent Venezuelans.”
Page 4 — This is the specific allegation prosecutors make against Cabello to justify excluding him from access to the evidence.
“The defendants intend to file a written opposition to the inclusion of Paragraph 13 in the Protective Order on or before March 30, 2026.”
Page 1 — Confirms the defense still plans to formally challenge that clause.
How the court describes it (original, English)
LETTER MOTION addressed to Judge Alvin K. Hellerstein re: Protective Order . Document filed by USA as to Nicolas Maduro Moros, Cilia Adela Flores De Maduro. (Attachments: # 1 Exhibit A - Proposed Protective Order)(Sullivan, Kevin) (Entered: 03/23/2026)

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