The United States is processing the seizure of a PDVSA aircraft for violating sanctions in a Florida Court, related to smuggling and money laundering. This action is connected to a Verified In Rem Forfeiture Complaint filed by the Prosecutor seeking the confiscation of the Dassault Falcon 2000EX aircraft with tail number YV3360.
The plane, allegedly owned by the Venezuelan state oil company Petróleos de Venezuela S.A. (PDVSA), is subject to confiscation for having been used in violation of multiple U.S. laws. Specific charges include violations of the International Emergency Economic Powers Act (IEEPA) and related executive orders concerning sanctions against Venezuela and the regime of Nicolás Maduro.
The complaint details how PDVSA and its accomplices allegedly intentionally circumvented sanctions by using intermediary companies in Costa Rica and Spain to acquire parts and services originating from the U.S., even through an overpricing scheme to cover criminal risk. The aircraft was seized in the Dominican Republic while it was undergoing maintenance.
The Complaint
The U.S. government filed a verified In Rem forfeiture complaint in the U.S. District Court for the Southern District of Florida to seize the aircraft due to its central role in a prolonged and multifaceted conspiracy led by Petróleos de Venezuela S.A. (PDVSA) and the Nicolás Maduro regime to systematically violate economic sanctions and U.S. export control laws.
The central evidence presented by the Florida prosecution demonstrates that after PDVSA and the Venezuelan government were subjected to sanctions, a complex scheme was orchestrated to illegally obtain over $1 million in U.S.-origin parts and services for the aircraft. This operation was carried out using deceptive tactics, such as intermediary companies in Costa Rica and Spain, forged documentation, and transshipment points to conceal Petróleos de Venezuela S.A. as the actual end user.
The basis for the confiscation lies in four major legal violations:
- International Emergency Economic Powers Act (IEEPA): violation of sanctions prohibiting transactions with PDVSA.
- Smuggling of goods: fraudulent export of controlled items from the U.S.
- Export Control Reform Act (ECRA): violation of regulations governing the export of sensitive technology.
- Conspiracy to Commit Money Laundering: use of financial transactions to promote the aforementioned illicit activities.
A crucial element in the case is the Venezuelan government’s admission of ownership, which issued an official statement denouncing the “flagrant theft of an aircraft owned by the Venezuelan nation” after the seizure of the aircraft in the Dominican Republic, confirming it as a “PDVSA aircraft.”
Context of the Legal Action
The legal action is a civil in rem forfeiture complaint, meaning the procedure is directed against the property—the aircraft—rather than against a person or entity.
The aircraft was seized at the request of the United States on February 6, 2025, in Santo Domingo, Dominican Republic, where it currently remains.
The forfeiture request is based on a legal and regulatory framework designed to protect U.S. national security and foreign policy.
- Sanctions Violations (IEEPA): Since 2015, multiple Executive Orders established a sanctions regime against Venezuela.
- O.E. 13850 (Nov. 1, 2018): expanded sanctions to the Venezuelan oil sector.
- PDVSA Designation (Jan. 28, 2019): The Office of Foreign Assets Control (OFAC) designated PDVSA as an entity on the Specially Designated Nationals (SDN) list and prohibited U.S. persons and entities from engaging in transactions with it without a license.
- O.E. 13884 (Aug. 5, 2019): blocked all property and interests in property of the Government of Venezuela (explicitly including PDVSA) within the U.S. or under the control of U.S. persons.
- Export Control Violations (ECRA and EAR): The U.S. Department of Commerce, through the Export Administration Regulations (EAR), controls the export of sensitive items.
- Items on the Commerce Control List (CCL) require licenses for export, depending on their destination, end use, and end user.
- Exporting certain items to a Venezuelan “military end user” is prohibited without a license.
- Since June 2020, Electronic Export Information (EEI) must be submitted for all CCL items destined for Venezuela, regardless of value.
- Smuggling and document falsification: federal law (18 U.S.C. § 554) penalizes the fraudulent exportation of goods or contrary to U.S. laws, including providing false information on export documents (EEI).
- Conspiracy to Commit Money Laundering: federal law (18 U.S.C. § 1956(h)) penalizes conspiracy to conduct financial transactions (such as fund transfers to or from the U.S.) with intent to promote a “specified unlawful activity,” which in this case includes violations of IEEPA and smuggling laws.
Timeline and Scheme to Evade Sanctions
The complaint outlines a timeline of events that demonstrates a deliberate and coordinated effort to evade U.S. restrictions.
Acquisition and Designation of the Aircraft
July 2017: PDVSA acquired the aircraft from a company in the U.S., before direct sanctions were imposed on the oil company. The aircraft was exported to Venezuela without a proper export declaration (EEI).
January 21, 2020: OFAC officially identified the aircraft as “blocked property of PDVSA” and added it to the SDN list. It was noted that the aircraft had been used in 2019 by then-Venezuelan Oil Minister Manuel Quevedo Fernández (also an SDN) and other senior regime officials, constituting a misappropriation of PDVSA assets.
The Conspiracy to Acquire U.S. Parts
To keep its fleet operational, including the YV3360 aircraft, PDVSA established a scheme to covertly acquire U.S.-origin parts.
Methodology: the scheme was based on using intermediaries and deceptive tactics to hide the final destination of the goods.
Key Intermediaries: a company in Costa Rica and one in Spain acted as fronts to purchase parts in the U.S.
Concealment Tactics: U.S. suppliers were lied to, customs declarations were forged, invoices were fabricated, false end-user certificates were provided, and parts were shipped through third countries to mask their real destination.
Financing: conspirators discussed setting up bank accounts in countries like Russia, China, or Malaysia to process payments and avoid scrutiny from U.S. and European banks, ensuring PDVSA’s name did not appear on any documents.
Evidential Guilt: a former PDVSA employee, George Semerene, pled guilty in the Southern District of Florida to conspiring to illegally export aircraft parts to PDVSA, including parts for the YV3360 aircraft, confirming the operation’s details.
Parts Illegally Exported to the YV3360 Aircraft
Since 2020, the aircraft received controlled U.S.-origin components, sent in violation of multiple laws.
| Component | ECCN | Origin / Manufacturing | Details of Evasion and Transaction |
|---|---|---|---|
| Brake Set | 9A991.d | Repaired in South Florida, USA | August 2020: Costa Rica Company 1 transferred ~163,294 to cover the risk. |
| Flight Management Computer | 7A994 | Produced in Melbourne, Florida, USA | February 2021: reinstalled on the aircraft after sanctions. Likely repaired in the USA before shipping. No OFAC or BIS license obtained. |
| Flight Display Screens | 7A994 | Manufactured in Florida, USA | August 2021 – June 2022: installed on the aircraft. Last known shipping addresses for these units were in the USA, not Venezuela. No license obtained for their export to PDVSA. |
Seizure in the Dominican Republic and Admission of Ownership
Events leading to the seizure revealed the continuation of the evasion scheme:
March 2024: the aircraft flew to La Isabela International Airport in Santo Domingo for maintenance by a company operated by a U.S. citizen. The value of scheduled services and parts was approximately $369,448.
Concealment Attempt: maintenance management was directed by a Venezuelan citizen linked to the regime, who acted on behalf of a shell company from Saint Vincent and the Grenadines. This company, which presented itself as the owner, was in fact a nominal owner to disguise the regime’s true ownership of the aircraft. Authorities found no record of a sale or transfer of ownership from PDVSA.
Cash Deposit: a cash deposit of approximately $89,400 was made to initiate the work.
Statement from the Venezuelan Government
On September 2, 2024, the Venezuelan government issued an official statement that inadvertently confirmed the central accusation of the U.S. complaint. The statement, dated February 7, 2025, declares:
“Marco Rubio, from mercenary of hate to airplane thief!”
“The Bolivarian Republic of Venezuela denounces to the world the flagrant theft of an aircraft owned by the Venezuelan nation, perpetrated by order of the U.S. Secretary of State, Marco Rubio. His hatred towards Venezuela led him to crime, illegally seizing a PDVSA aircraft with the complicity of the puppet government of the Dominican Republic.”
“This attack against Venezuela demonstrates that Rubio is nothing but a criminal disguised as a politician, using his position to plunder and strip our country of its assets. His hatred has turned him into an international crook, capable of violating any norm to harm our homeland.”
“Venezuela will take all necessary actions to denounce this theft and demand the immediate return of its aircraft. Marco Rubio will go down in history as what he is: a thief and a declared enemy of our people.”
This statement serves as a direct admission that PDVSA is the owner of the YV3360 aircraft.
Formal Forfeiture Claims
Based on the evidence presented, the U.S. government establishes four formal claims to justify the confiscation of the aircraft:
- Property Derived from Violations of IEEPA: the aircraft is a product of sanction violations, as PDVSA conspired to evade them to obtain goods and services from the U.S. for its maintenance.
- Property Derived from Smuggling: the aircraft is linked to the fraudulent and knowing export of controlled parts from the U.S., in violation of customs and export laws.
- Property Linked to Violations of ECRA: the aircraft is an asset that benefited from the evasion of export controls on sensitive U.S.-origin technology.
- Property Involved in Money Laundering Conspiracy: the aircraft was involved in a conspiracy to transfer funds to and from the U.S. aimed at promoting IEEPA violations and smuggling laws.
Forfeiture Order
The U.S. District Court for the Southern District of Florida issued an order addressing a motion for default judgment submitted by the prosecutor. This legal action, initiated on March 18, 2025, involves a Dassault Falcon 900 EX aircraft with serial number 007 and registration T7-ESPRT, referred to as the “Defendant Asset.”
The court confirms that the asset, allegedly bought through smuggling in Boca Raton, is subject to forfeiture under several federal statutes. The court order establishes that since proper public and direct notice was provided to potential claimants and no claims were made, a default judgment is issued in favor of the United States.
As a result, the aircraft is seized and law enforcement officials are authorized to confiscate and dispose of it.
Forfeiture Request
The Florida Prosecutor filed a motion for a Default Judgment Forfeiture Order before the corresponding court. This in rem action seeks the forfeiture of a Dassault Falcon 2000EX aircraft with tail number YV3360, referred to as the “Defendant In Rem.”
The U.S. government argues that the asset should be forfeited as no claims were filed despite proper notification, resulting in a Default Judgment against it. The legal basis for the forfeiture includes sanction violations related to Nicolás Maduro and PDVSA, smuggling, and conspiracy to launder money.
The motion requests that the court grant total forfeiture of all rights and interests in the aircraft to the government.
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