Lawyers for ex-Rep. Rivera seek to remove prosecutor in Venezuelan case

Defense claims federal prosecutor has conflict of interest due to wife's ties to lobbying firm

Published on Feb. 10, 2026

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The defense team for former U.S. Representative David Rivera is seeking to remove a federal prosecutor from his upcoming trial on charges of acting as an unregistered foreign agent for Venezuela. The lawyers claim Assistant U.S. Attorney Roger Cruz has a conflict of interest due to his wife's alleged business ties to the Ballard Partners lobbying firm, which employed key witnesses expected to testify in the case.

Why it matters

This is an unusual move, as it is more common for prosecutors to try to disqualify a defendant's attorney. The defense is arguing that Cruz's wife's professional connections to Ballard Partners, which represented Venezuelan interests that overlapped with Rivera's alleged activities, could create a conflict of interest that undermines the integrity of the trial.

The details

Rivera and political consultant Esther Nuhfer are accused of lobbying as unregistered foreign agents for the Maduro regime in Venezuela in 2017-2018. Ballard Partners, a prominent lobbying firm, represented a Venezuelan businessman who collaborated with the defendants. The defense claims Cruz's wife has done business with Ballard Partners on various projects, creating a 'network of financial and professional interests' that could influence the prosecutor's approach. However, prosecutors strongly deny these allegations, calling them 'conclusory' and 'a complete fabrication'.

  • The federal trial of former Miami-Dade Congressman David Rivera is scheduled to begin next month in March 2026.
  • In early January 2026, Assistant U.S. Attorney Roger Cruz joined the prosecution team in the case.

The players

David Rivera

A former U.S. Representative from Miami-Dade County who is facing trial on charges of acting as an unregistered foreign agent for Venezuela.

Esther Nuhfer

A political consultant who is co-defendant with Rivera on charges of operating as an unregistered foreign agent for Venezuela.

Roger Cruz

A veteran Assistant U.S. Attorney who is the lead prosecutor in the case against Rivera and Nuhfer.

Ballard Partners

A prominent lobbying firm that represented a Venezuelan businessman who collaborated with Rivera and Nuhfer, and whose employees are expected to testify in the trial.

Susie Wiles

The current White House Chief of Staff, who is a former Ballard Partners lobbyist and is expected to testify in the trial.

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What they’re saying

“AUSA Cruz's spouse is professionally intertwined with Ballard Partners' clients and projects, creating a network of financial and professional interests that overlap with individuals involved in this case.”

— Defense Lawyers (Miami Herald)

“These allegations appear to be a complete fabrication by the defendants. Ms. Cruz, to the government's knowledge, has no current or past financial relationship with Ballard Partners nor has she ever been engaged to work with Ballard Partners in any of her business endeavors.”

— Prosecutors Harold Schimkat and David Ryan (Miami Herald)

What’s next

The judge in the case will rule on whether to disqualify prosecutor Roger Cruz from the trial of former Rep. David Rivera and Esther Nuhfer.

The takeaway

This case highlights the complex web of political and business connections that can arise in high-profile corruption cases, and the challenges in ensuring a fair trial when there are allegations of conflicts of interest involving the prosecution team.