Date: 05-23-2011

Case Style: United States of America v. Vitaly Borker

Case Number: 1:10-cr-01266-RJS

Judge: Richard J. Sullivan

Court: United States District Court for the Southern District of New York (New York County)

Plaintiff's Attorney: Daniel Walter Levy and E. Danya Perry, United States Attorney's Office, New York, New York

Defendant's Attorney: Dominic F. Amorosa

Description: The United States of America charged Vitaly Borker with Interstate Domestic Violence (cyberstalking) in violation of 18 U.S.C. 2261.F; Interstate Communications involving threats in violation of 18 U.S.C. 875; Frauds and Swindles (mail fraud) in violation of 18 U.S.C. 1341; and Fraud by Wire, Radio or Television in violation of 18 U.S.C. 1343.

Defendant owned DecorMayEyes.com which he operated out of his home in the Sheepshead Bay section of Brooklyn, New York. The Government alleged that he engaged in a business strategy in which he lied to and frightened his customers. He menaced customers who had complainted to him about products bought through DecorMyEyes.com. He allegedly used several aliases, he threatened to kill or sexually assault customers, going so far in one instance of e-mailing an image of the customer's home. The Governmental also alleged that he sent an e-mail to the workplace of a customer asserting that the customer was gay and dealt drugs.

His company was selling counterfeit merchandise, chiefly knock-offs of eyewear brands like Tom Ford, Valentino and Polo.

Numerous customers complained at getsatisfaction.com. Borker used the negative feedback to bolster his business' status on Google.

Borker was arrested on December 6, 2010 by postal inspectors, who raided his home and hauled away boxes of inventory and computer equipment.

Mr. Borker pleaded guilty. Sentencing is scheduled for September 16, 2011. In the mean time, he movements are restricted as are his use of the phone computers. A security guard is to stay in his house at all times to ensure that all the terms and conditions of his release pending sentencing are strictly complied with by him.

Outcome: Mr. Borker faces up to 6.5 years in prison.

Plaintiff's Experts:

Defendant's Experts:

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