24 Years Or 12? Gupta’s Sentencing Fight Heads To Judge Marrero
US prosecutors have asked a federal judge to sentence Indian national Nikhil Gupta to 293 months, or just over 24 years, in prison for his role in a plot to assassinate Sikh separatist Gurpatwant Singh Pannun on American soil.
In a sentencing memorandum filed on November 13, they urged Judge Victor Marrero of the Southern District of New York to impose a sentence reflecting the magnitude of the crime. Gupta, they said, was a crucial participant in a foreign plot to execute a US citizen, and the conduct was “as brutal as it was brazen.”
Gupta’s lawyers want a far shorter term. They back the Probation Department’s recommendation of 144 months, about 12 years, against sentencing guidelines of 235 to 293 months. They argue that Gupta accepted responsibility and has no prior criminal record.
In February, Gupta, now 55, pleaded guilty to murder-for-hire, conspiracy to commit murder-for-hire and conspiracy to commit money laundering. US authorities allege he acted at the direction of Vikash Yadav, an Indian intelligence official. India has denied any state role in the plot and said such action is contrary to government policy.
The defence seeks to distinguish Gupta from Yadav, describing him as a man who acted under pressure. According to the defence, men claiming to be from the Gujarat police visited Gupta’s home in India and left their names with his son. Yadav then offered to make the matter go away, assuring Gupta that the “fake case” was “all clear.” Believing an intelligence officer held a criminal case over him, the defence says, Gupta found it hard to refuse.
Prosecutors rejected the argument. They said Gupta was motivated by profit, including from weapons sales and drug shipments that Yadav allegedly offered to facilitate once Pannun was dead. They also dismissed his claim that alcohol clouded his judgment as absurd, saying he worked day after day, across several time zones, to carry out a murder.
Pannun, whom India designated an “individual terrorist” in July 2020, has asked for the maximum sentence on every count.
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