Nigerian Man Sentenced To More Than Five Years For Hacking, Fraud, And Identity Theft Scheme

Jay Clayton, the United States Attorney for the Southern District of New York, and Christopher G. Raia, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced that KINGSLEY UCHELUE UTULU was sentenced today by U.S. District Judge Paul G. Gardephe to 63 months in prison for his role in a broad hacking, fraud, and identity theft scheme targeting U.S.-based businesses and individuals.  UTULU previously pled guilty to conspiracy to commit wire fraud.

“Kingsley Uchelue Utulu took part in a scheme to hack into U.S. tax preparation businesses, trade in the stolen personal identifying information, and defraud the IRS and other governmental bodies,” said U.S. Attorney Jay Clayton.  “Offshore scammers like Utulu and his co-conspirators may think they can target hard-working Americans with their hacking and fraud schemes and avoid prosecution.  The message from the Department and the FBI is clear, they cannot.  We are committed to protecting Americans from criminals operating offshore.”   

FBI Assistant Director in Charge Christopher G. Raia said: “Kingsley Utulu, a Nigerian national, was part of a scheme that targeted and infiltrated electronic systems of U.S.-based companies to steal more than two million dollars through fraudulent tax returns.  Along with his co-conspirators, this defendant’s scheme reached across the globe to exploit sensitive information for financial gain.  The FBI will never exempt any individual who seeks to unlawfully profit through deceitful practices, regardless of where they are located.”

According to the Indictment, public court filings, and statements made in court:

Beginning in at least in or about 2019, UTULU and other Nigeria-based conspirators took part in a scheme to hack into U.S-based tax preparation businesses.  The conspirators utilized spearphishing emails to obtain access to these business’s electronic systems.  Once they had obtained access, the conspirators stole the tax and other identifying information of the business’ customers.  The conspirators hacked into several U.S.-based tax businesses, located in New York, Texas, and other states.

The conspirators obtained the stolen identity information of thousands of individuals.  They used this information to file fraudulent tax returns with the Internal Revenue Service and state tax authorities.  The conspirators sought fraudulent refunds of at least approximately $8.4 million, of which they successfully obtained at least approximately $2.5 million.

In addition to filing fraudulent tax returns, the conspirators used the stolen identities to file fraudulent claims with the Small Business Administration’s Economic Injury Disaster Loan program.  The conspirators were able to obtain at least an additional approximately $819,000 in fraudulent payouts.

UTULU was arrested for his involvement in this scheme while being present in the United Kingdom and was thereafter extradited to the U.S. to be prosecuted. 

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In addition to the prison term, UTULU, 38, of Nigeria, was ordered to pay restitution in an amount of $3,683,029.39 and forfeiture in the amount of $290,250.

Mr. Clayton praised the outstanding investigative work of the FBI.

The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Daniel G. Nessim is in charge of the prosecution.