The list of victims of the Venezuelan dictatorship is long, creating a mountain of condemnation sentences and reparations claimed by its victims against Nicolás Maduro’s regime.
On one side, some demand compensation for damages caused by arbitrary actions and poor management, both from Hugo Chávez and his successor. This specifically includes those affected by expropriations and unpaid debts. On the other side, we have the direct victims of the criminal and murderous actions of those in power in Venezuela for the past 25 years, who demand restitution after suffering political persecution, unjust imprisonment, torture, and even death.
In this latter group are cases such as those of former military personnel Rafael Acosta Arévalo, Luis Lugo Calderón, Luis De La Sota Quiroga, and Eduardo Figueroa Marchena, to whom the District Court for the Southern District of Florida awarded compensations totaling USD 805,355,664 that the leaders of the Venezuelan tyranny must pay for being, at the same time, members of criminal organizations like the FARC and the Cartel de los Soles, which allow them to gain substantial profits from their criminal activities.
Judicial Summons and Warning
On March 24, 2025, the District Court of the United States for the Southern District of Florida issued a summons to Nicolás Maduro Moros, Vladimir Padrino López, Maikel Moreno Pérez, Néstor Reverol Torres, Manuel Ricardo Cristopher Figuera, the Revolutionary Armed Forces of Colombia (FARC), and the Cartel de los Soles, to notify them of the lawsuit against them filed by Waleswka Pérez, as the personal representative of the estates of Rafael Acosta Arévalo, Luis Lugo Calderón, Luis De La Sota Quiroga, and Eduardo Figueroa Marchena.
The plaintiffs are represented by attorney Michael Nadler from Stumphauzer Kolaya Nadler & Sloman PLLC.
The summons refers to the civil action identified with serial number 1:24-cv-23719 in which the Cartel de los Soles was given the address for legal notification of Cliver Antonio Alcalá Cordones, BOP # 87971-054, MDC Brooklyn, 80 29th Street, Brooklyn, NY, 11232, used in another legal case against said criminal organization.
The document informs the defendants that “Within 21 days following notification of this summons (…), they must submit to the plaintiff a response to the attached complaint or a motion in accordance with Rule 12 of the Federal Rules of Civil Procedure.”
Defendants are explicitly warned that if they do not respond, a default judgment will be issued against them for the relief sought in the complaint, submitted to the referred court on October 2, 2024.
Order Granting Default Judgment
On March 28, 2025, Judge José E. Martínez of the District Court of the United States for the Southern District of Florida issued an order granting default judgment in favor of Waleswka Pérez, as personal representative of the estates of Rafael Acosta Arévalo, Luis Lugo Calderón, Luis De La Sota Quiroga, and Eduardo Figueroa Marchena against Nicolás Maduro Moros, Vladimir Padrino López, Maikel Moreno Pérez, Néstor Reverol Torres; Manuel Ricardo Cristopher Figuera, the Revolutionary Armed Forces of Colombia (FARC), and the Cartel de los Soles due to their failure to appear.
The default ruling by the court is based on the judicial process history, the applied legal standard, and the allegations accepted in the complaint. The court found that it had jurisdiction over the matter and over the defendants, based on their involvement in activities related to narco-terrorism and money laundering linked to the state of Florida.
The court concluded that the plaintiffs’ allegations regarding torture, extrajudicial killings, and arbitrary detention were sufficient to establish the liability of the defendants and awarded compensatory and punitive damages.
Timeline of Judicial Action
The action was initiated on September 27, 2024, by the plaintiffs, with the summons being issued on October 2, 2024. Subsequently, the plaintiffs filed motions to serve representatives of the Cartel de los Soles and the FARC on October 22, 2024.
On December 6, 2024, the Southern Florida Court granted Waleswka Pérez’s request, as personal representative of the estates of Rafael Acosta Arévalo, Luis Lugo Calderón, Luis De La Sota Quiroga, and Eduardo Figueroa Marchena, to serve Maduro, Padrino López, Moreno, and Torres through alternative means, including email, text messages, and direct messages via verified social media accounts.
Meanwhile, the FARC was served on December 19, 2024, Figuera was served at his home on January 11, 2025, the Cartel de los Soles was served on January 16, 2025, and finally, Maduro, Padrino López, Moreno, and Torres were served through alternative means on January 29, 2025.
As of the date of the judicial decision, none of the defendants had appeared or submitted a response; the plaintiffs filed a Motion for Default Judgment with the court clerk on March 3, 2025, who subsequently issued a default judgment on the same day.
On March 17, 2025, the court issued an Order requiring the plaintiffs to submit supporting documents for damages, setting the deadline for this as March 24, 2025, but there was no response to the court’s orders.
The default judgment is based on Federal Rule of Civil Procedure 55, which outlines a process in two scenarios. The first occurs when a defendant fails to appear or defend, leading the court clerk to issue a default judgment. The second involves the court determining whether it is appropriate to enter a default judgment.
According to this, by default, “a defendant ‘admits the well-pleaded allegations of the plaintiff’ in fact,” but this only establishes liability. It is then up to the court to determine the appropriate amount of damages before a final judgment is issued. A hearing is not necessary, as “all essential evidence is already part of the record.”
The Charges
After asserting jurisdiction over the subject matter of the action, the charges against the defendants were established, which are:
The first charge is presented under the Torture Victim Protection Act of 1991 (TVPA), a federal law aimed at providing access to justice for torture victims.
The second charge is based on the Alien Tort Statute (ATS), a longstanding law allowing foreigners to bring federal jurisdiction against other foreigners.
The third charge is a civil claim under the Racketeer Influenced and Corrupt Organizations Act (RICO). The Court does not analyze this in depth for the purpose of the default judgment, since claims under the TVPA and ATS are sufficient.
The fourth charge invokes state law claims derived from Venezuelan law. The Court has supplemental jurisdiction over these claims under 28 U.S.C. § 1367(a).
The court found that the defendants were involved in a conspiracy with substantial acts in Florida and not in isolation. The substantial activity is the illegal trade of narcotics. The conspiracy and money laundering of funds through Florida was essential to the continued viability of Maduro’s regime in Venezuela.
The decision notes that members of the Cartel de los Soles and the FARC have been repeatedly indicted in this district for narcoterrorism and money laundering. The same conspiracy has resulted in numerous criminal indictments within the jurisdiction. Additionally, the defendants have faced civil litigation in the Southern District of Florida arising from similar activities.
The Allegations
The plaintiffs allege that the victims in this case were tortured as defined by the TVPA. Each act of torture was committed while the victim was in the custody of the Venezuelan state, under “color of law.”
The defendants violated international law and are liable under the ATS, as all elements were met since the plaintiffs:
- are foreigners
- are suing for a tort.
- the tort was committed in violation of international law.
The defendants are liable to the plaintiffs, who under Venezuelan law claimed violations for arbitrary detention, torture, and wrongful death of Rafael Acosta Arévalo.
Article 23 of the Constitution incorporates all international treaties and conventions on human rights into Venezuelan law, superior to any legal conflict. Venezuela has adopted various international conventions and prohibits acts of arbitrary detention, torture, and extrajudicial execution under color of law.
Violating these provisions could result in civil liability towards the victim of these acts, and culpability and liability would equally apply to government officials, regardless of whether they are superiors or the ones giving the orders, or acted as instigators, accomplices, or enablers of these acts.
The Compensations
The Southern District Court of Florida awarded compensations to Nicolás Maduro’s victims totaling USD 805,355,664.
For the reasons stated above, the Court grants default judgment against the Defendants, jointly and severally, on Charges I, II, and IV, awarding the Plaintiffs the following amounts for damages:
On March 28, 2025, the District Court of the United States for the Southern District of Florida, through Judge José E. Martínez, awarded the plaintiffs the following compensatory damage amounts:
PlaintiffCompensatory DamagesPunitive DamagesTotal Damages
Waleswka Pérez, as personal representative of the estate of Rafael Acosta ArévaloUSD 72,000,000USD 216,000,000USD 288,000,000
Luis De La Sotta QuirogaUSD 45,601,440USD 136,804,320USD 182,405,760
Luis Lugo CalderónUSD 48,398,696USD 145,196,088USD 193,594,784
Eduardo Figueroa MarchenaUSD 35,338,780USD 106,016,340USD 141,355,120