US prosecutors name Vikash Yadav, FBI puts him on Wanted list, arrest warrant out

It said that the charges are contained in a second superseding indictment unsealed today in the US 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.

The FBI put Yadav on its wanted list and said that a federal arrest warrant was issued for Yadav on October 10. Releasing his pictures, the FBI has asked the public to contact the agency or the nearest American Embassy or Consulate if they had any information.

The indictment alleged that Yadav described his position as senior field officer and listed his employer’s address as the CGO complex in New Delhi, which is where “RAW is headquartered.” And that he directed the plot to assassinate Pannun — throughout, he is referred to as the ‘victim’ — from India.

In New Delhi, a day earlier, the Ministry of External Affairs spokesperson — in response to a query on the person identified in the indictment — had said that the person is not a part of the “government of India set-up.”

The indictment’s key allegations and claims regarding the plot:

📌 On or about May 2023, Yadav, 39, recruited Gupta, 53, to plot Pannun’s assassination in the US. Gupta, an Indian national residing in India, described his involvement in international drugs and “weapons trafficking” in his communications with Yadav.

📌 At Yadav’s direction, Gupta allegedly contacted an individual whom Gupta believed to be a criminal associate, but who was, in fact, a confidential source working with the US drug enforcement agency (“CS”) to help contract a hitman.

📌 CS allegedly introduced Gupta to a purported hitman who was, in fact, a DEA undercover officer (the “UC”).  Yadav allegedly agreed, in dealings brokered by Gupta, to pay the UC  $100,000 to “murder the victim.”

On or about June 6, 2023, on an audio call, Gupta allegedly told UC: “…our prime minister Modi is visiting America on 20th so at least we need to calm down everything 10 days…so at the time of our prime minister visit, it’s not good.” He added that given Pannun’s profile, there could be protests which could lead to “political things.”

📌 On or about June 9, 2023, Yadav and Gupta allegedly arranged for an associate to deliver $15,000 in cash to UC as advance payment. In or about June 2023, Yadav allegedly provided Gupta with Pannun’s address in New York, phone numbers, and details of his daily conduct. Gupta allegedly passed these on to the UC.

📌 Directed by Yadav to do so, Gupta allegedly gave regular updates on the progress of the assassination plot by forwarding to Yadav, among other things, Pannun’s surveillance photos.

📌 On or about June 18, 2023, approximately two days before Modi’s US visit, masked gunmen murdered Hardeep Singh Nijjar outside a Sikh temple in British Columbia, Canada. Nijjar was Pannun’s associate and, like Pannun, a pro-Khalistan figure and an “outspoken critic” of the Indian government.

📌 The day after the Nijjar murder, Gupta allegedly told 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 allegedly sent Gupta a news article about the Victim and messaged Gupta, that it’s a “priority now.”

n In fresh revelations, the indictment states that Yadav allegedly sent a particular cellphone app — that records GPS coordinates and enables the user to take photographs — to conduct surveillance on Pannun. Gupta directed CS to this app.

📌 On or about June 24, 2023, Yadav allegedly messaged Gupta that “today we must get the App based location pic,” referring to obtaining surveillance photos of Pannun. Yadav allegedly said “(n)ow it’s a clear go ahead…”

📌 Gupta allegedly told UC to execute the plan and kill others as well, if they are with Pannun. “If he is not alone, (if) there are two guys with him in the meeting or something … put everyone down, put everyone down.”

Explaining the charge, US Attorney Damian Williams said that Gupta, charged last year for conspiring to assassinate a US citizen of Indian origin on U.S. soil, “did not work alone.”

“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,” Williams said.

This was echoed by FBI director Christopher A. Wray: “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.”

According to the indictment, Yadav and Gupta are 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.”