The $65 million loss in damages was not a Nintendo claim, it was the US Justice Department that made that claim. And it was not just Nintendo that suffered the losses but also Microsoft and Sony.
https://www.justice.gov/usao-wdwa/p...-notorious-videogame-piracy-group-sentenced-3
The leader of this Xecuter group also bragged about making lots of money, as in millions from piracy and had a nonchalent attitude about it. A direct quote from its leader, Max Louarn, "Stealing from companies that make billions, what do I care?"
While Bowser was not the head honcho, he was still heavily involved with a criminal organization that profited millions from piracy and in a way dared the video game companies and the authorities to do something. The FBI and Homeland Security has been on this case awhile. Not a good idea when you attract the attention of the US Federal Government through illicit activities and then have its leader bragged and dared anyone to do something about it.
Bowser should have hung with better people, or better yet, not be involved with a criminal organization where its leader bragged about making millions from piracy and basically dared someone to stop him.