United States Attorney
Southern District of New York
U.S. ATTORNEY’S OFFICE
DECEMBER 6, 2010 ELLEN DAVIS
Defendant Allegedly Used Obscenity And Repeated
Threats Of Violence Against Customers
PREET BHARARA, the United States Attorney for the
Southern District of New York, and RONALD J. VERROCHIO, the
Inspector-in-Charge of the New York Office of the U.S. Postal
Inspection Service (“USPIS”), announced today that VITALY BORKER,
a/k/a “Tony Russo,” a/k/a “Stanley Bolds,” the operator of
“DecorMyEyes.com,” a website through which he sold purported
luxury eyeglasses, was arrested today for allegedly operating a
scheme to defraud his customers by selling counterfeit and
inferior quality goods and making unauthorized charges, and, when
those victim customers complained, retaliating through a pattern
of cyberstalking and threats.
Manhattan U.S. Attorney PREET BHARARA said: “Millions
of people shop online and rightfully assume they are dealing with
legitimate and honest vendors. Online consumers should never be
in fear for their safety simply because they have chosen the
convenience of Internet shopping. But that is what allegedly
occurred in this case. Vitaly Borker, an alleged cyberbully and
fraudster, cheated his customers, and when they complained, tried
to intimidate them with obscenity and threats of serious
violence. Especially during this holiday shopping season,
today’s arrest should send a message that we will protect online
consumers and that victims of people like Borker are not alone.
Along with our law enforcement partners, this Office will work
tirelessly to protect consumers from those who exploit their
access to individuals through online sales.”
New York USPIS Inspector-in-Charge RONALD J. VERROCHIO
said: “The postal inspectors not only protect consumers from
fraud, but also when merchants become abusive to customers.”
According to the Complaint unsealed today in Manhattan
federal court:
Since at least January 2007, BORKER has been the owner
and operator of an online retailer of purported luxury eyewear,
based in Brooklyn, New York, known as “DecorMyEyes.com.” Based
upon statements from numerous victims, emails and other
documented communications involving BORKER, and well over 200
complaints filed with the Federal Trade Commission by victims in
states across the United States as well as in countries abroad,
BORKER allegedly engaged in a distinct pattern of conduct in
which he defrauded his customers, and when those customers
complained, he responded with threats and obscene conduct.
Specifically, DecorMyEyes.com customers complained that
they purchased luxury eyewear that was often defective, damaged,
used, counterfeit, and/or did not come with a promised
“certificate of authenticity.” On many occasions, BORKER also
billed customers for unauthorized charges (such as a twenty
percent “restocking fee”), failed to reimburse customers for
returned or unfulfilled orders, or never sent merchandise for
which customers had been charged. When those customers tried to
return or exchange the merchandise, BORKER then subjected them to
a campaign of aggressive, obscene, and intimidating conduct,
either in his own name or using aliases. Among other things, he
told them that he had their personal information, that he knew
where they lived, and that he would visit horrific violence upon
the complaining customers and their close family members.
* * *
The Complaint charges BORKER with one count each of
cyberstalking, making interstate threats, mail fraud, and wire
fraud. The cyberstalking and interstate threats charges each
carry a maximum penalty of 5 years in prison, and the mail fraud
and wire fraud charges each carry a maximum penalty of 20 years
in prison.
BORKER, 34, was arrested this morning at his home in
Brooklyn, New York. Federal agents conducted a search of
BORKER’s home during which they found several firearms and
ammunition. BORKER is expected to be presented in Magistrate
Court in Manhattan federal court.
Mr. BHARARA praised the work of the USPIS for its
outstanding work in the investigation.
This case is being handled by the Office’s Complex
Frauds Unit. Assistant U.S. Attorney E. DANYA PERRY is in charge
of the prosecution.
The charges contained in the Complaint are merely
accusations, and the defendant is presumed innocent unless and
until proven guilty.
10-379 ###