Jay Clayton, U.S. Attorney for the Southern District of New York, alongside Christopher G. Raia, Assistant Director in Charge of the FBI’s New York Field Office, announced that Nigerian, Kingsley Uchelue Utulu has been sentenced to 63 months in federal prison. The sentencing was handed down by U.S. District Judge Paul G. Gardephe.
Utulu’s prison term stems from his involvement in an extensive hacking, fraud, and identity theft scheme that specifically targeted individuals and businesses across the United States. He had previously pleaded 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, court filings, and statements made during proceedings, Kingsley Uchelue Utulu participated in a far-reaching cybercrime conspiracy that began as early as 2019.
Utulu, along with other conspirators based in Nigeria, targeted U.S.-based tax preparation businesses using spearphishing emails to infiltrate their electronic systems. Once inside, they extracted sensitive tax and personal identity information belonging to thousands of clients. Several tax firms across states, including New York and Texas, fell victim to these breaches.
Armed with this stolen data, the group submitted fraudulent tax returns to the Internal Revenue Service (IRS) and various state tax agencies, seeking refunds totalling approximately $8.4 million. Of that amount, they successfully obtained around $2.5 million.
The conspirators also exploited the stolen identities to fraudulently apply for funds through the Small Business Administration’s Economic Injury Disaster Loan (EIDL) program, securing an additional $819,000 in illicit payments.
Utulu was arrested in the United Kingdom and extradited to the United States to face charges. In addition to receiving a 63-month prison sentence, the 38-year-old Nigerian national was ordered to pay restitution totalling $3,683,029.39 and to forfeit $290,250.
U.S. Attorney Jay Clayton commended the FBI’s exceptional investigative work. The case is being prosecuted by the Complex Frauds and Cybercrime Unit of the U.S. Attorney’s Office, with Assistant U.S. Attorney Daniel G. Nessim leading the prosecution.
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