Robert Appleton Publishes Article in Bloomberg Law on the Legality of the Maduro U.S. Joint Military Intervention and Law Enforcement Arrest and Discusses Likely Challenges

Co-Chair of Olshan’s White Collar & Government Investigations Practice Robert Appleton published an article in Bloomberg Law entitled “Maduro and Wife Face Uphill Battle in Challenging Unique Arrest.” In the article, Bob examines why Nicolás Maduro and his wife face obstacles in challenging their arrests in U.S. courts. Appleton, a former senior DOJ prosecutor who handled the arrest and rendition of Pablo Escobar’s principal money launderer, Jose Stroh, in Panama, explains how the DOJ’s historical use of rendition procedures under long-standing U.S. Supreme Court and U.S. Court of Appeals for the Second Circuit precedent can limit viable defenses, particularly where courts generally decline to second-guess extraterritorial apprehensions unless the government’s conduct “shocks the conscience.” Bob’s article also spotlights a key but under-discussed dimension of the indictment: forfeiture and substitute assets, which could expose Maduro and his wife to significant asset seizure risk if convicted. “Much uncertainty surrounds the future of Venezuela and U.S. involvement there, but for Maduro and his wife, the future will almost certainly bring a trial or a plea in federal court,” he notes. Bob is a former senior federal prosecutor in the U.S. Department of Justice’s Criminal Division, where for over 13 years he led many high-profile prosecutions of individuals and companies charged with foreign sanctions, money laundering and weapons offenses, including the rendition and arrest in Panama of Pablo Escobar’s principal Colombian drug money launderer, Jose Stroh, as well as the lures and arrests on foreign soil of several Iranians on OFAC sanctions charges and cases involving Momar Qaddafi. As Lead Investigations Counsel for Paul Volcker in the Iraqi / Oil-for-Food Program investigation and then the Chairman of the United Nations Procurement Task Force (2006-2009), Bob handled many criminal cases before international tribunals that involved foreign and U.S. courts.