The U.S. Supreme Court has declined to review a Florida man’s petition to enforce a $17 million judgment against Venezuela over a collection of historical artifacts tied to South American revolutionary Gen. Simón Bolívar. The decision leaves intact a Third Circuit ruling that Venezuela retains sovereign immunity, barring the man’s efforts to attach shares in a company linked to Venezuelan oil assets.

Ricardo Devengoechea had sought to challenge how U.S. courts interpret implied waivers of sovereign immunity under the Foreign Sovereign Immunities Act (FSIA). His case revolved around claims that Venezuela misled him into surrendering a valuable collection of Bolívar’s artifacts, but the justices denied his petition without comment.

Sovereign Immunity at the Heart of the Dispute

The crux of Devengoechea’s petition was the legal standard for determining when a foreign country has impliedly waived its immunity under the FSIA. He argued for an objective standard, in which a country’s conduct demonstrates intent to waive immunity, rather than the Third Circuit’s subjective approach, which focuses on the country’s stated intent.

In his filing, Devengoechea argued that inconsistent rulings across federal circuits have created confusion. “Some circuits have used an objective standard, while others have used a subjective standard like the Third Circuit here,” he wrote, emphasizing the need for Supreme Court guidance on this issue.

Ties to Citgo Auction and Broader Implications

The case also intersected with a broader legal battle over Venezuela’s debts, including a $1.2 billion judgment owed to Crystallex International Corp., a Canadian mining company ousted from a Venezuelan gold project. To satisfy this debt, shares of PDV Holding Inc.—the indirect parent of U.S.-based oil company Citgo—are set to be auctioned. Devengoechea had sought to participate in the auction to recover his judgment.

The Third Circuit had earlier rejected his request for an attachment order over the shares, finding no evidence that Venezuela intended to waive immunity for its interests in PDVH shares. While acknowledging Venezuela’s “appalling” behavior, the court held these considerations irrelevant under FSIA’s legal framework.

Bolívar Artifacts and Historical Legacy

Devengoechea’s claim against Venezuela is rooted in a collection of artifacts and memorabilia once belonging to Simón Bolívar, the leader of South America’s independence movements against Spanish colonial rule. Bolívar gifted the collection to Devengoechea’s great-great-grandfather, and it remained in the family until Venezuela allegedly tricked him into turning it over.

The dispute has spanned years as Devengoechea pursued remedies through U.S. courts, ultimately culminating in his failed Supreme Court petition.

Legal Representation

Ricardo Devengoechea is represented by Dennis Grossman of the Law Office of Dennis Grossman. Venezuela was represented in the Third Circuit by Donald B. Verrilli Jr., Elaine J. Goldenberg, and a team from Munger Tolles & Olson LLP.