Report: Penix, Njoku among targets in fraud case
TL;DR
A former Alabama football player is charged with wire fraud and identity theft for impersonating NFL players to secure nearly $20 million in loans. Michael Penix Jr., David Njoku, and Xavier McKinney were among the players whose identities were allegedly used without authorization.
Key points
- Luther Davis faces wire fraud and identity theft charges
- Allegedly impersonated NFL players for loans
- Used identities of Michael Penix Jr., David Njoku, and Xavier McKinney
- Secured nearly $20 million in fraudulent loans
- Plea hearings set for April 27
Mentioned in this story
A former Alabama football player faces charges of wire fraud and identity theft after he allegedly used wigs and fake driver's licenses to impersonate NFL players for the purpose of securing nearly $20 million in loans, according to federal court records.
Prosecutors allege that Luther Davis pretended to be three different NFL players from May 2023 until October 2024 to secure loans from multiple lending agencies.
The players whose identities were allegedly used are Atlanta Falcons quarterback Michael Penix Jr., former Cleveland Browns tight end David Njoku and Green Bay Packers safety Xavier McKinney, according to a report.
The court documents state that none of the players had authorized the loans and that fake email accounts were created without their knowledge.
Plea hearings are scheduled for April 27 for Davis and CJ Evins, Davis' partner in the alleged scheme. Evins is listed in a separate filing alleging wire fraud and identity theft charges in the same case, and his attorney, Ben Alper, told ESPN in an email Thursday his client is scheduled to plead guilty.
Davis' attorney did not immediately respond to an ESPN request for comment.
Davis and Evins used the identities of three NFL players -- "D.N.," "X.M." and "M.P." -- to apply for the loans. The Guardian, which first reported the story, identified D.N., X.M. and M.P. as Njoku, McKinney and Penix, respectively.
To convince lenders they were the three players, the court documents allege that Davis and Evins created "fabricated personal financial statements, Secretary of State documents, and bank statements for companies purportedly operated by the players." The document, filed March 19 in Atlanta, alleges that Davis and Evins registered companies similar to the names of the players to accomplish this.
Davis would show up "dressed in disguise and impersonated the players" at the loan closings, including using fake driver's licenses to fool the lenders and the notary public, federal prosecutors stated. Davis allegedly wore makeup and a wig to impersonate Njoku during a recorded video conference to close a loan for a $4 million promissory note on Jan. 22, 2024, with lender Aliya Sports Finance and underwriter Sure Sports.
The real D.N., the documents said, never had a Georgia driver's license. The license number Davis provided was for a woman in Savannah, Georgia.
Two months later, according to the court filing, Sure Sports emailed Davis, believing he was McKinney, to sign for a $4.4 million loan at the Ritz-Carlton in New York City on April 1, 2024. Davis and Evins allegedly flew from Atlanta to New York and met with Sure and Aliya representatives by video conference. Davis was later identified in a Florida civil lawsuit as McKinney.
On July 26, 2024, Sure Sports and All-Pro Capital Funding set up a video conference to close a loan with "M.P." at a SpringHill Suites in Buford, Georgia. Davis allegedly showed up impersonating Penix to secure a $3.3 million promissory note from All-Pro Capital, showing up with a "durag-style head covering" and providing a fake Florida license with a photo found online.
In all, the court filing alleges there were at least 13 fake loans for more than $19.8 million. Lenders allegedly wired money to accounts controlled by Davis and Evins for fake companies they set up, and then they transferred the money into companies the two actually owned.
Aliya sued Sure Sports in Florida's 11th Circuit Court in February 2025, alleging negligence, gross negligence, negligent misrepresentation and unjust enrichment, according to court records. That case is still pending.
"The Aliya Sports Finance Fund, L.P. is working to protect its investors from improper conduct that has caused damage to the fund," Aliya attorney Josh Rubens wrote in an email to ESPN on Thursday. "The fund cannot comment further given the pending litigation."
Darren Heitner, the attorney representing Sure Sports, declined comment.
The March 19 filing, labeled a "criminal information," typically is used when a defendant waives the right to indictment by grand jury, clearing the way for the criminal process to begin. It often leads to a guilty plea or plea bargain.
Davis was a top 150 high school prospect in ESPN's recruiting rankings who played defensive end at Alabama from 2007 to 2010, making 47 tackles and winning a national championship in the 2009 season.
In 2013, Davis was alleged to be an intermediary between five SEC players and NFL agents for the players to receive impermissible benefits -- then a violation of NCAA rules.
Q&A
What charges does Luther Davis face in the fraud case?
Luther Davis faces charges of wire fraud and identity theft for allegedly impersonating NFL players.
How much money was allegedly secured through the fraudulent loans?
Nearly $20 million in loans were allegedly secured through the fraudulent scheme.
Which NFL players' identities were allegedly used in the fraud scheme?
The identities of Michael Penix Jr., David Njoku, and Xavier McKinney were allegedly used without their authorization.
What are the scheduled court dates for the defendants in this case?
Plea hearings for Luther Davis and CJ Evins are scheduled for April 27.
