U.S. Attorney Announces Charges Against Indian Government Employee In Connection With Foiled Plot To Assassinate U.S. Citizen In New York City

Damian Williams, the United States Attorney for the Southern District of New York, Merrick B. Garland, the Attorney General of the United States, Anne Milgram, the Administrator of the Drug Enforcement Administration ("DEA"), Christopher A. Wray, the Director of the Federal Bureau of Investigation ("FBI"), Matthew G. Olsen, the Assistant Attorney General for National Security, and James E. Dennehy, the Assistant Director in Charge of the FBI's New York Field Office, announced the filing of murder-for-hire and money laundering charges against Indian government employee VIKASH YADAV, a/k/a "Vikas," a/k/a "Amanat," in connection with his role in directing a foiled plot to assassinate a U.S. citizen in New York City. The charges are contained in a Second Superseding Indictment unsealed today in the U.S. District Court for the Southern District of New York. YADAV's alleged co-conspirator, NIKHIL GUPTA, was previously charged and extradited to the United States on the charges contained in the First Superseding Indictment. YADAV is at large. The case is pending before U.S. District Judge Victor Marrero.

U.S. Attorney Damian Williams said: "Last year, this Office charged Nikhil Gupta for conspiring to assassinate a U.S. citizen of Indian origin on U.S. soil. But, as alleged, Gupta did not work alone. Today, we announce charges against an Indian government employee, Vikash Yadav, who orchestrated the plot from India and directed Gupta to hire a hitman to murder the victim. The right to exercise free speech is foundational to our democracy, and predicated on the notion that we can do so without fear of violence or reprisal, including from beyond our borders. Let this case be a warning to all those who would seek to harm and silence U.S. citizens: We will hold you accountable, no matter who and where you are."

Attorney General Merrick B. Garland said: "The Justice Department will be relentless in holding accountable any person - regardless of their position or proximity to power - who seeks to harm and silence American citizens. As alleged, last year, we foiled an attempt by Vikash Yadav, an Indian government employee, and his co-conspirator, Nikhil Gupta, to assassinate an American citizen on U.S. soil. Today's charges demonstrate that the Justice Department will not tolerate attempts to target and endanger Americans and to undermine the rights to which every U.S. citizen is entitled."

Assistant Attorney General Matthew G. Olsen said: "Today's charges are a grave example of the increase in lethal plotting and other forms of violent transnational repression targeting diaspora communities in the United States. To the governments around the world who may be considering such criminal activity and to the communities they would target, let there be no doubt that the Department of Justice is committed to disrupting and exposing these plots and to holding the wrongful actors accountable no matter who they are or where they reside."

DEA Administrator Anne Milgram said: "DEA foiled this assassination attempt last year and has continued to trace this case back to an employee of the Indian government whom we charge was an orchestrator of this intricate murder-for-hire scheme. DEA did not relent, and today's indictment names Vikash Yadav as that alleged mastermind. We charge that Yadav, an employee of the Indian government, used his position of authority and access to confidential information to direct the attempted assassination of an outspoken critic of the Indian government here on U.S. soil. This case was led by the DEA New York Division's Drug Enforcement Task Force, which is comprised of DEA, the New York State Police, and the New York City Police Department, and is a true testament to the tenacity and determination of our team."

FBI Director Christopher A. Wray said: "The defendant, an Indian government employee, allegedly conspired with a criminal associate and attempted to assassinate a U.S. citizen on American soil for exercising their First Amendment rights. The FBI will not tolerate acts of violence or other efforts to retaliate against those residing in the U.S. for exercising their constitutionally protected rights. We are committed to working with our partners to detect, disrupt, and hold accountable foreign nationals or others who seek to engage in such acts of transnational repression."

FBI Assistant Director James E. Dennehy said: "As alleged in today's indictment, Vikash Yadav, a senior field officer with the government of India's Research and Analysis Wing, along with Nikhil Gupta, planned to murder a political activist and prominent critic of the Indian government who is an American citizen in New York City. The United States government was able to disrupt this abhorrent plot to silence an American before it could be carried out. Today's charges make clear the FBI, in conjunction with our DEA and SDNY partners, will not tolerate a foreign government attempting to violate our laws and our sovereignty here in New York or anywhere."

As alleged in the Second Superseding Indictment and other public court documents:[1]

Last year, YADAV, working together with others, including GUPTA, in India, and elsewhere, directed a plot to assassinate on U.S. soil an attorney and political activist who is a U.S. citizen of Indian origin residing in New York City (the "Victim"). The Victim is a vocal critic of the Indian government and leads a U.S.-based organization that advocates for the secession of Punjab, a state in northern India that is home to a large population of Sikhs, an ethnoreligious minority group in India. The Victim has publicly called for some or all of Punjab to secede from India and establish a Sikh sovereign state called Khalistan, and the Indian government has banned the Victim and his separatist organization from India.

During times relevant to the Second Superseding Indictment, YADAV was employed by the Government of India's Cabinet Secretariat, which houses Indian's foreign intelligence service, the Research and Analysis Wing. YADAV has described his position as a "Senior Field Officer" with responsibilities in "Security Management" and "Intelligence." YADAV also has referenced previously serving in India's Central Reserve Police Force and receiving "officer[] training" in "battle craft" and "weapons." YADAV is a citizen and resident of India, and he directed the plot to assassinate the Victim from India.

In or about May 2023, YADAV recruited GUPTA to orchestrate the assassination of the Victim in the United States. GUPTA is an Indian national who resided in India and has described his involvement in international narcotics and weapons trafficking in his communications with YADAV and others. At YADAV's direction, GUPTA contacted an individual whom GUPTA believed to be a criminal associate, but who was in fact a confidential source working with the DEA (the "CS"), for assistance in contracting a hitman to murder the Victim in New York City. The CS introduced GUPTA to a purported hitman, who was in fact a DEA undercover officer (the "UC"). YADAV subsequently agreed, in dealings brokered by GUPTA, to pay the UC $100,000 to murder the Victim. On or about June 9, 2023, YADAV and GUPTA arranged for an associate to deliver $15,000 in cash to the UC as an advance payment for the murder. YADAV's associate then delivered the $15,000 to the UC in Manhattan.

In or about June 2023, in furtherance of the assassination plot, YADAV provided GUPTA with personal information about the Victim, including the Victim's home address in New York City, phone numbers associated with the Victim, and details about the Victim's day-to-day conduct, which GUPTA then passed to the UC. YADAV directed GUPTA to provide regular updates on the progress of the assassination plot, which GUPTA accomplished by forwarding to YADAV, among other things, surveillance photographs of the Victim. GUPTA directed the UC to carry out the murder as soon as possible, but GUPTA also specifically instructed the UC not to commit the murder around the time of the Indian Prime Minister's official state visit to the United States, which was scheduled to begin on or about June 20, 2023.

On or about June 18, 2023, approximately two days before the Indian Prime Minister's state visit to the United States, masked gunmen murdered Hardeep Singh Nijjar outside a Sikh temple in British Columbia, Canada. Nijjar was an associate of the Victim, and, like the Victim, was a leader of the Sikh separatist movement and an outspoken critic of the Indian government. On or about June 19, 2023, the day after the Nijjar murder, GUPTA told the UC that Nijjar "was also the target" and "we have so many targets." GUPTA added that, in light of Nijjar's murder, there was "now no need to wait" on killing the Victim. On or about June 20, 2023, YADAV sent GUPTA a news article about the Victim and messaged GUPTA, "[i]t's [a] priority now."

* * *

YADAV, 39, and GUPTA, 53, of India, have been charged with murder-for-hire, which carries a maximum sentence of 10 years in prison; conspiracy to commit murder-for-hire, which carries a maximum sentence of 10 years in prison; and conspiracy to commit money laundering, which carries a maximum sentence of 20 years in prison.

The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Williams praised the outstanding investigative work of the DEA's New York Drug Enforcement Task Force and the Counterintelligence Division of the FBI's New York Field Office. Mr. Williams also thanked the DEA's Special Operations Division, the DEA's Vienna Country Office, the FBI's Prague Country Office, the Department of Justice's National Security Division, the Department of Justice's Office of International Affairs, and the Czech Republic's National Drug Headquarters for their assistance. The DEA's New York Drug Enforcement Task Force comprises agents and task force officers of the DEA, New York City Police Department, and the New York State Police.

This case is being handled by the Office's National Security and International Narcotics Unit, Violent and Organized Crime Unit, and Narcotics Unit. Assistant U.S. Attorneys Camille L. Fletcher, Ashley C. Nicolas, and Alexander Li are in charge of the prosecution, with assistance from Trial Attorney Christopher Cook of the National Security Division's Counterintelligence and Export Control Section and Trial Attorney A.J. Dixon of the National Security Division's Counterterrorism Section.

The charges contained in the Second Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

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