In a significant legal move, a former U.S. Marine and a Florida resident who were detained in Venezuela have filed a lawsuit against President Nicolás Maduro. They accuse the Venezuelan leader of orchestrating a substantial “criminal enterprise” that manipulates the state and utilizes American captives as leverage in discussions with the United States government.
The lawsuit, which was submitted to a federal court in Miami on Monday by Matthew Heath and Osman Khan, bears resemblance to a wave of legal actions that have previously resulted in substantial financial judgments for other Americans imprisoned in Venezuela. These lawsuits have emerged under the less-utilized federal Anti-Terrorism Act, which enables American victims of foreign terrorist organizations to claim the assets of their aggressors.
This latest complaint outlines allegations that Maduro’s security forces subjected the men to severe torture methods, including waterboarding, electrocution, threats of sexual violence, exposure to mind-altering drugs, and prolonged confinement in a cramped cell nicknamed “El Tigrito.” These claims are currently under review by prosecutors from the International Criminal Court.
In the 87-page complaint, Heath and Khan’s attorneys contend that the kidnapping, torture, and subsequent ransom demands for American citizens formed part of a systematic scheme aimed at pressuring the U.S. government into policy changes, including the cessation of an oil embargo and the negotiation of prisoner exchanges.
The lawsuit includes 17 additional defendants, such as Maduro’s defense and interior ministers and officials from state-owned oil and gold-mining companies.
Matthew Heath, a former U.S. Marine corporal from Tennessee and a previous security consultant in Afghanistan, was apprehended in Venezuela in 2020 at a military checkpoint. He faced terrorism charges after authorities discovered firearms and a satellite phone in his possession. Maduro alleged that Heath was spying on oil refineries for then-President Donald Trump. Heath’s family reported that he was stranded in Colombia due to the COVID-19 travel restrictions and crossed into Venezuela, hoping to reach Aruba via a boat to pursue a charter business.
Osman Khan, who was working in Colombia, became involved with a Venezuelan woman and was arrested in January 2022 while attempting to cross the border. Accompanied by his girlfriend and her father, they were instructed to take a motorized canoe by the woman’s brother, a member of the Venezuelan National Guard. Khan was subsequently charged with various offenses, including terrorism and human trafficking.
The U.S. government has classified both men as wrongfully detained on unfounded charges. Heath and Khan were released in October 2022, after being imprisoned for 752 and 259 days respectively, alongside five American oil executives as part of a prisoner swap for two nephews of first lady Cilia Flores, who were incarcerated in the U.S. for narcotics offenses.
Upon being contacted about the lawsuit, Venezuela’s government did not issue an immediate statement but has consistently denied that it specifically targets Americans for detention.
In earlier cases, other Americans imprisoned in Venezuela have received considerable judgments against Maduro and his close associates through similar legal arguments. For instance, a Miami federal judge awarded $73 million in damages in 2022 to the family of a prominent Maduro opponent, who died in custody under mysterious circumstances. Additionally, an exiled Venezuelan lawyer won a $153 million judgment after being lured back to Venezuela due to his father’s kidnapping, only to face imprisonment on false charges of being a “financial terrorist.”
As with previous cases, Heath and Khan’s lawsuit accuses Maduro of leading the so-called “Cartel of the Suns,” a purported drug trafficking network involving senior Venezuelan officials and Colombian guerrillas allegedly responsible for inundating the U.S. with cocaine.
However, securing these significant judgments has proven to be a challenging task. Neither Maduro nor his top aides possess known properties or bank accounts in the U.S. under their names. It is believed that any wealth amassed by the officials is likely concealed through a network of intermediaries, making it difficult to trace and seize their assets.
