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.
