Gary Bowser, the face of Nintendo pirate group Team Xecuter, was sentenced to 40 months in prison by the US federal government on Thursday, after pleading guilty to charges of Circumventing Technological Measures and Trafficking in Circumvention Devices. He will also reportedly pay $4.5 million USD in restitution fees to Nintendo of America.

According to the Department of Justice report, Bowser and his international team exploited vulnerabilities in Switch consoles, Nintendo 3DS, and NES Classic editions, and then sold the hacked devices to consumers so they could play unauthorized versions of games. Team Xecuter also reportedly hacked Sony Playstation Classic and Microsoft Xbox consoles as well and created online libraries filled with pirated games.

“This is not a victimless crime," said Special Agent in Charge (SAC) Robert Hammer,  of the HSI operations in the Pacific Northwest. "The leaders of this multimillion-dollar scheme are responsible for diverting money from creative professionals who have worked hard to provide unique products and experiences. [...] HSI, along with our law enforcement and private sector partners, will continue to pursue those who prove to be enemies of innovation and global commerce.”

According to special agent Donal M. Voiret, the appropriately named Bowser is responsible for stealing millions of dollars in profit from Nintendo and others through his actions. Bowser was arrested in 2020 and deported from the Dominican Republican and has been held in US federal custody since. 

In the victim impact statements, prosecutors quoted: "When video games are illegally copied and when circumvention devices become readily available, the video game industry—and the broader economy—experience a negative ripple effect…. This leads, at a minimum, to fewer incentives to create, and a less vibrant game scene."

Bowser will begin his nearly 3+ year prison sentence immediately.