In the trial of Hugo “El Pollo” Carvajal Barrios, the prosecution presented a legal document to the United States District Court for the Southern District of New York, outlining the arguments supporting the motions filed regarding the case. The government seeks to admit evidence related to the alleged criminal activities of the accused.
The government states that the evidence includes the alleged involvement of “El Pollo” Carvajal with the FARC and various drug traffickers to send large quantities of cocaine to the United States between 1999 and 2019. Furthermore, it pertains to his use of his position as the director of military intelligence in Venezuela to protect these operations.
The prosecution argues the alleged involvement of Hugo Carvajal Barrios in acts of violence such as kidnappings and torture.
The Government’s Motions
On June 3, 2025, U.S. Attorney for the Southern District of New York, Jay Clayton, along with his assistant prosecutors, Nicholas S. Bradley, Kaylan E. Lasky, and Kevin T. Sullivan, submitted a memorandum in support of their motions in limine and requested that the court issue a set of resolutions regarding the upcoming trial of the accused, Hugo Armando Carvajal Barrios, known as “El Pollo”.
Specifically, the prosecution requests the court:
1. To admit as direct evidence pursuant to Rule 404(b) the evidence submitted regarding the accused’s corruption linked to drug trafficking, including his acceptance of profits from drug trafficking to facilitate drug smuggling.
2. To admit as direct evidence under Rule 404(b), the evidence of the accused’s involvement in violence related to drug trafficking.
3. To admit in accordance with Rules 801(d)(2)(A), 801(d)(2)(E), and 804(b)(3), the testimony of statements made by the accused and his accomplices, including some members of the Revolutionary Armed Forces of Colombia (the “FARC”), drug traffickers, and Venezuelan officials.
4. To exclude certain arguments made by the defense as irrelevant and prejudicial regarding:
the length of time this case has been pending and criticisms or contempt that these charges have been filed and are being tried in New York City or the United States;
the removal of the FARC in 2021 from the U.S. State Department’s list of foreign terrorist organizations and other geopolitical events after the conduct charged in this case;
the potential punishment the accused might face if convicted, should be disregarded as they are irrelevant under Rule 401 and would create a substantial risk of unfair prejudice, confusion of the issues, misleading the jury, undue delay, and wasting time under Rule 403.
Nature of the Charges Against Hugo “El Pollo” Carvajal
In the trial, Hugo “El Pollo” Carvajal Barrios is accused of narcoterrorism conspiracy, conspiracy to import cocaine into the United States, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices.
The New York prosecution alleges that Carvajal Barrios, in collaboration with the Revolutionary Armed Forces of Colombia (FARC) and the “Cartel de Los Soles” within the Venezuelan government, facilitated large-scale drug trafficking, provided protection to drug traffickers, and engaged in violent acts to secure these operations.
“The accused and other high-ranking Venezuelan government officials, comprising the Cartel de Los Soles, collaborated with the leadership of the FARC—who, at all relevant times, was designated as a foreign terrorist organization—to coordinate drug shipments of several tons, provide heavily armed security to protect such shipments, and flood the United States with cocaine. To achieve the distribution of cocaine on this massive scale, the accused accepted millions of dollars from drug traffickers,” the document states.
Hugo “El Pollo” Carvajal Barrios utilized his authority to protect and facilitate drug trafficking. The accused held several roles within the Venezuelan government, including director of the Military Intelligence Directorate (DIM/DGCIM) and Consul General of Venezuela in Aruba, and from these positions, he sponsored and protected irregular activities.
He is accused of coordinating shipments of several tons of cocaine, providing armed security to protect those shipments, and receiving millions of dollars in bribes from drug traffickers.
Collaboration with the FARC and the Cartel de Los Soles
The New York prosecution outlines a deep collaboration between the Cartel de Los Soles—a supposed criminal organization within the Venezuelan government—and the FARC, especially since 1999.
Carvajal Barrios allegedly played a prominent role in this partnership. “Starting at least in 1999, the Cartel and the FARC joined forces to enrich and empower themselves.” “Throughout his tenure in the DIM, the accused continued his association with the FARC and its drug trafficking and terrorist activities.”
The government details the involvement of Hugo Carvajal Barrios with prominent drug traffickers such as Walid Makled Garcia and Wilber Varela Fajardo, as well as others like Carlos Orense Azocar.
Massive drug shipments are mentioned, including a load of 5.6 tons of cocaine on a DC-9 airplane that departed from the presidential hangar at Maiquetía Airport and was seized in Mexico.
“In 2006, the accused worked with other members of the Cartel in the Venezuelan government to coordinate a shipment of approximately 5.6 tons of cocaine from Venezuela, which departed on a DC-9 plane from the presidential hangar at the Maiquetía Airport.”
The document refers to a hard drive found in the Raúl Reyes camp that contained multiple images of FARC war weapons, including explosive devices and automatic firearms.
Violence, Kidnapping, and Torture
The prosecution accuses Hugo “El Pollo” Carvajal Barrios of using his authority to facilitate acts of violence, kidnapping, and murder in defense of his drug trafficking operations. “The accused also used his authority to facilitate acts of violence, kidnapping, and murder to protect his drug trade and that of his co-conspirators.”
This includes descriptions of the kidnapping and murder of associates of a rival drug lord on behalf of Varela, and the alleged murder of another trafficker to steal his cocaine.
Moreover, a witness, a Venezuelan military officer who attempted to contact the DEA, was reportedly kidnapped, detained, and tortured by DIM agents under the accused’s direction.
“Witness-1 was forcibly kidnapped from Maiquetía Airport by DIM officials and taken in a DIM-marked truck to the agency’s headquarters in Caracas (…) For more than 20 days, DIM guards brutally tortured and interrogated Witness-1 (…) Witness-1’s torturers repeatedly spoke about the accused and the questions the accused wanted to be asked, referring to him as ‘my general Carvajal’.”
Protection of Drug Trafficking
The motion emphasizes how Hugo “El Pollo” Carvajal Barrios exploited his position within the government and armed forces to ensure the safe passage of drug shipments, interfere with investigations, and silence those who obstructed his path.
This activity included controlling airspace, providing military personnel as escorts, and disabling radar systems. “In exchange, the accused protected CW-5 and Varela and ensured the safe transport of their cocaine shipments by land, air, and sea, including providing military personnel to escort cocaine across Venezuela, disabling radar detection for drug flights, and facilitating drug loading onto cargo ships.”
Admissibility of Evidence of Violence and Exclusion of Other
The Southern District of New York prosecution seeks to admit evidence of violent acts—including kidnapping and murder—to demonstrate the nature of the drug trafficking conspiracy and the narcoterrorism conspiracy.
“In this case, evidence of violence is not merely ‘other bad conduct’, but direct evidence of the crimes charged in Counts one, two, and four.”
It argues that these acts are intrinsically intertwined with the charged crimes or are relevant under Rule 404(b) to demonstrate motives, opportunity, intention, etc. “The accused’s involvement in these violent acts therefore has significant probative value.”
The government requests the exclusion of certain evidence that they consider irrelevant, unfairly prejudicial, or might lead to jury annulment. This includes references to the length of time the case has been pending, events post-dating the charged conduct, and arguments appealing to jury sympathy.
“References to the time period during which this case has been pending, that the charged conduct occurred primarily outside the United States, or the events post-dating the conduct charged must be excluded as irrelevant under Rule 401 and unfairly prejudicial, confusing, and misleading under Rule 403.”