Why The US Government Wants To Jail Bowser For 5 Years

Things keep getting worse and worse for Bowser. The US Government is looking to jail Nintendo Switch hacker Gary Bowser for five years after he pled guilty to the manufacturing and selling of mod chips that would let people play pirated games on the Switch. This information is just the latest in the ongoing Bowser vs. Bowser legal battle between Nintendo and the hack group. It all started with a lawsuit by Nintendo of America and CEO Doug Bowser filing a lawsuit against the hacker group Team Xecuter, of which Gary Bowser was a main member. This lawsuit led to Gary Bowser being ordered to pay Nintendo a fine of $4.5 million — and now, it looks like he will be facing some jail time.

Court documents show that the prosecution in the case are recommending five years in prison for Gary Bowser's role as leader of the hacker group. The prosecution describes Team Xecuter as a criminal enterprise that operated outside of the law for nearly a decade, resulting in an estimated loss of revenue exceeding $65 million for Nintendo. The government's lawyers have argued that a five year sentence would properly reflect the serious nature of the crimes without being seen as an unjust punishment. Bowser would also be monitored for three years after the sentence and would still need to pay the $4.5 million fine. However, some have seen this punishment as unfair.

Gary Bowser's defense lawyers argued against the five-year sentence, feeling that a sentence of 19 months would be more appropriate for the crime, adding that it seems like the U.S. Government is using Bowser to send a message to other hackers.

"Gary Bowser is the least culpable and only apprehended defendant from this indictment," Bowser's defense argued in court documents. "He is also likely to be the only person convicted and sentenced in this case. His fugitive co-defendants, Max Louarn and Yuanning Chen, reside in countries which may not extradite them for prosecution."

The defense also argued that Bowser did not make as much money from his exploits as others might believe, stating that he only made about $320,000 over his seven years with Team Xecuter. Since Bowser has pled guilty, he now awaits his sentencing, which will ultimately be decided by a federal judge.