A federal judge in Miami has awarded $314 million in damages to three Americans who were imprisoned and allegedly tortured in Venezuela, ruling that they were victims of what the court described as a "criminal enterprise" led by former Venezuelan President Nicolás Maduro. The judgment is the largest of its kind involving Americans detained by Venezuela and marks another legal victory for former prisoners seeking accountability under U.S. anti-terrorism laws.
U.S. District Judge Darrin P. Gayles issued the default judgment Tuesday after Maduro, businessman Alex Saab, five other defendants, and the alleged drug-trafficking organization known as the Cartel of the Suns failed to respond to the lawsuit. Acting Venezuelan President Delcy Rodríguez was not included in the judgment after her attorneys argued she is immune from civil litigation in the United States as a sitting head of state.
The plaintiffs, Jerrel Kenemore, Jason Saad, and Edgar Marval, were released in late 2023 as part of a prisoner exchange negotiated by the Biden administration that secured the freedom of Maduro ally Alex Saab, who at the time was facing U.S. money laundering charges. Saab has since returned to U.S. custody on new charges, according to the Associated Press.
In their lawsuit, the three Americans alleged they endured brutal physical and psychological abuse while imprisoned by Venezuela's military intelligence services. Court filings describe repeated beatings, electrocution, forced stress positions and other forms of torture that continue to leave lasting emotional trauma. Similar allegations are also being examined by prosecutors at the International Criminal Court.
"The kidnappings," Judge Gayles wrote in his ruling, were among the crimes committed to support Maduro's dictatorship and the criminal conspiracy that allegedly profited from it.
Will They Actually Receive the $314 Million?
The ruling is significant legally, but collecting the money will likely prove far more difficult.
The lawsuit was brought under the U.S. Anti-Terrorism Act, a federal law that allows American victims of designated terrorist organizations to seek civil damages and, under certain circumstances, seize assets belonging to those responsible. However, a court judgment does not automatically translate into payment.
Legal experts have long noted that one of the biggest obstacles is locating assets that can legally be attached.
Neither Maduro nor many of his closest associates are publicly known to hold substantial property or bank accounts in the United States under their own names. If assets exist, they may be held through shell companies, relatives or other intermediaries, making them far more difficult to identify and seize. The Associated Press highlighted the same challenge in previous lawsuits filed by Americans formerly detained in Venezuela.
There is also precedent suggesting that winning a judgment and collecting on it are two very different things.
In 2023, a Miami federal judge awarded $153 million to exiled Venezuelan lawyer Carlos Marrón after finding he had been arbitrarily detained and tortured by Maduro's government. In 2022, another federal court awarded $73 million to the family of Venezuelan opposition figure Fernando Albán, who died while in government custody. Both cases produced landmark rulings, but collecting the awards has remained a major legal challenge.
Could They Eventually Get Paid?
Possibly, but likely not quickly.
According to legal experts, the plaintiffs could attempt to enforce the judgment by identifying and seeking to seize non-immune assets linked to the defendants that fall within U.S. jurisdiction. They could also pursue assets discovered in other countries whose courts recognize U.S. civil judgments.
Another possibility is compensation through frozen Venezuelan assets if Congress or future administrations authorize such a process. Similar mechanisms have been used in limited circumstances for victims of state-sponsored terrorism, although no automatic compensation fund currently exists for judgments like this one.
Because Maduro is now in U.S. custody facing separate federal criminal charges, the plaintiffs' attorneys may also gain additional opportunities during future legal proceedings to identify assets or financial interests connected to him or other defendants. However, criminal prosecutions and civil judgments remain legally distinct, meaning the Miami ruling does not guarantee any recovery.
For now, the $314 million judgment stands as a powerful legal condemnation of the alleged torture suffered by the three Americans. Whether it ultimately becomes an actual financial recovery will depend on one of the hardest parts of international litigation: finding assets that can legally be seized to satisfy the award.
