Vitaly Borker
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Vitaly Borker (born 1975 or 1976 in the former
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
), known by pseudonyms "Tony Russo", "Stanley Bolds" and "Becky S", is an American convicted felon who has twice served federal prison sentences for charges arising from how he ran his online eyeglass retail and repair sites, DecorMyEyes and OpticsFast. Customers who complained about poor service and misfilled orders for high-end designer eyewear were insulted, harassed, threatened (sometimes physically) and sometimes made the victim of small scams. After going into online retail following a short career as a computer programmer for several
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firms, Borker encountered difficult customers who, he said later, were rude, lied to him and cost him money unnecessarily. He decided to be rude and unscrupulous with them in return, and learned to his surprise that on the Internet there was no such thing as bad publicity since the many posts with links to his site on complaint sites such as
Ripoff Report Ripoff Report is a privately owned and operated for-profit website founded by Ed Magedson. The Ripoff Report has been online since December 1998 and is operated by Xcentric Ventures, LLC which is based in Tempe, Arizona. Reports and rebuttals Rip ...
appeared to drive traffic to his sites due to how
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's PageRank algorithm worked at that time, putting his site higher in results for searches on brand names than even those brands' websites, and making him money. When ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' reporter David Segal investigated the site in 2010, Borker freely explained this
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to him when Segal came to visit his house in the
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
neighborhood of
Sheepshead Bay Sheepshead, Sheephead, or Sheep's Head, may refer to: Fish * ''Archosargus probatocephalus'', a medium-sized saltwater fish of the Atlantic Ocean * Freshwater drum, ''Aplodinotus grunniens'', a medium-sized freshwater fish of North and Central Am ...
, where Borker questioned the notion that
the customer is always right __NOTOC__ "The customer is always right" is a motto or slogan which exhorts service staff to give a high priority to customer satisfaction. It was popularised by pioneering and successful retailers such as Harry Gordon Selfridge, John Wanamaker ...
and said he "like the craziness." A month later Borker was arrested by federal postal inspectors and charged with mail fraud,
wire fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to fraud, defraud another, and are Federal crime in the United States, federal crimes there. Jurisdiction is claimed by the ...
and making interstate threats. He eventually pleaded guilty to fraud charges and making threats and was sentenced to prison for four years. Google and other websites whose flaws he had exploited in running DecorMyEyes also changed their practices and tightened security procedures. Before entering prison, Borker and a friend had begun setting up another website, OpticsFast, offering not only eyeglasses for sale but repair services. After his 2015 release, he went back to his former business practices, which he mostly hid from his probation officer. Two years later, Segal reported on Borker's return in the ''Times'', and Borker was again arrested and charged with wire and mail fraud associated with alleged harassment and abuse as operator of OpticsFast. In February 2018, he was sentenced to two years in prison for violation of his 2015 parole. Following a plea deal for the 2017 charges, he was later sentenced in 2019 to two years in prison followed by three years of supervised release, a $50,000 fine, and a $300 special assessment. Following Borker's release in late 2020, Segal reported in the ''Times'' in 2021 that Borker appeared to have returned to selling eyeglasses online, under other personal and business names, and harassing dissatisfied customers through a new site called Eyeglassesdepot. If true, this would be a violation of a condition of his 2021 parole that he avoid any involvement in online retailing. In early 2022 he was arrested again on fraud charges related to the new site.


Biography

Borker told ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' reporter David Segal in 2010 that he was born in Russia and moved to the United States with his parents as a child; exactly how old he was at the time is not definitely known. After graduating from Edward R. Murrow High School in 1989 and
John Jay College of Criminal Justice The John Jay College of Criminal Justice (John Jay) is a public college focused on criminal justice and located in New York City. It is a senior college of the City University of New York (CUNY). John Jay was founded as the only liberal arts c ...
in 1997 he began training as a police officer, working as a cadet in the office of a unit that patrolled public housing in Brooklyn. He soon changed his mind about his career path and enrolled in a school to learn programming. Although all classes were taught in English, all the students and teachers at the school were also all Russian immigrants, Borker recalls. Students would be taught the bare minimum that would get them hired, and then the school would help them fabricate a
résumé A résumé, sometimes spelled resume (or alternatively resumé), also called a curriculum vitae (CV), is a document created and used by a person to present their background, skills, and accomplishments. Résumés can be used for a variety of re ...
and work history to assure that they did. "There were a lot of schools like this," he said a decade later. "They've all been shut down." Borker first went to work for a variety of
Wall Street Wall Street is an eight-block-long street in the Financial District of Lower Manhattan in New York City. It runs between Broadway in the west to South Street and the East River in the east. The term "Wall Street" has become a metonym for t ...
financial firms, including
Lehman Brothers Lehman Brothers Holdings Inc. ( ) was an American global financial services firm founded in 1847. Before Bankruptcy of Lehman Brothers, filing for bankruptcy in 2008, Lehman was the fourth-largest investment bank in the United States (behind Gol ...
, where he worked on the systems that administered the accounts of
mutual fund A mutual fund is a professionally managed investment fund that pools money from many investors to purchase securities. The term is typically used in the United States, Canada, and India, while similar structures across the globe include the SICAV i ...
shareholders. Dissatisfied with the pay, Borker took a friend up on his side offer to create an online version of his eyeglass store. He continued running the online eyeglass store while he worked for Lehman, drawing lawsuits, and judgements, from luxury brands like
Chanel Chanel ( , ) is a French high-end luxury fashion house founded in 1910 by Coco Chanel in Paris. Chanel specializes in women's ready-to-wear, luxury goods, and accessories and licenses its name and branding to Luxottica for eyewear. Chanel is ...
for selling counterfeit glasses. Shortly before Lehman collapsed in the
2008 financial crisis 8 (eight) is the natural number following 7 and preceding 9. In mathematics 8 is: * a composite number, its proper divisors being , , and . It is twice 4 or four times 2. * a power of two, being 2 (two cubed), and is the first number of t ...
, he left to go into online retailing full time.


DecorMyEyes

The website became DecorMyEyes. Borker became disillusioned with his customers, who he says lied and cost him unnecessarily by changing their minds. "I stopped caring", he says, and began responding rudely to them. This led to postings on review websites disparaging him, which, to his amazement, put DecorMyEyes near the top of
Google Google LLC () is an American multinational technology company focusing on search engine technology, online advertising, cloud computing, computer software, quantum computing, e-commerce, artificial intelligence, and consumer electronics. ...
search results due to the many links to his site. Seeing the value of this
perverse incentive A perverse incentive is an incentive that has an unintended and undesirable result that is contrary to the intentions of its designers. The cobra effect is the most direct kind of perverse incentive, typically because the incentive unintentionall ...
, Borker began purposely responding to dissatisfied customers with threats and insults. It was later reported that the site had made Borker $3.2 million in one year. Customers of DecorMyEyes posted numerous reports of receiving threats of physical violence, abuse, poor service and overcharges on websites such as ResellerRatings, where DecorMyEyes had, as of 2010, a lifetime rating of 1.39/10 from 79 reviews. One customer told authorities that after he complained someone had called his employer and accused him of dealing drugs. According to Borker, each bad review with a link boosted his site's PageRank, meaning that the site came to the top of Google's ratings for many of the products he sold. He showed the ''Times'' that his site actually came up higher than designer Christian Audigier's in a search on the designer's name. While a direct Google search for "DecorMyEyes" elicits the site and its many negative reviews, searching for individual products and brands does not. The reason, cited by an anonymous Google publicist, is that the large number of links to DecorMyEyes from consumer complaint sites such as
Ripoff Report Ripoff Report is a privately owned and operated for-profit website founded by Ed Magedson. The Ripoff Report has been online since December 1998 and is operated by Xcentric Ventures, LLC which is based in Tempe, Arizona. Reports and rebuttals Rip ...
cause DecorMyEyes to rank high in Google search results. In 2008 Borker made a post as "Stanley" on Get Satisfaction and other websites like it thanking users there for the links and the traffic they had brought him. When the website's administrators sent him an email suggesting he could work with them to work things out, he replied with a photograph of his hand with middle finger extended. Borker said most of his customers were satisfied; he called those who were not "psychos". He questioned the notion that
the customer is always right __NOTOC__ "The customer is always right" is a motto or slogan which exhorts service staff to give a high priority to customer satisfaction. It was popularised by pioneering and successful retailers such as Harry Gordon Selfridge, John Wanamaker ...
. " t here, you understand?" he told Segal. "Why is the merchant always wrong? Can the customer ever be wrong? Is that not possible?" He allowed that the stress might well be affecting his health, but doubted he would walk away from the site. "I like the craziness. This works for me", he said, likening himself to radio shock jock Howard Stern. Borker used other websites in his business. He often sourced his glasses from sellers on
eBay eBay Inc. ( ) is an American multinational e-commerce company based in San Jose, California, that facilitates consumer-to-consumer and business-to-consumer sales through its website. eBay was founded by Pierre Omidyar in 1995 and became a ...
and told them simply to ship them to his customers' address. If the seller declined, as several did when the address had not been verified by PayPal, he left a negative review on their page, which many wanted to avoid. When sellers blocked Borker, he registered under a different name; after this was reported, eBay barred Borker from the site permanently and instituted other reforms to prevent such tactics and identify abusive buyers. Borker also maintained a store on
Amazon.com Amazon.com, Inc. ( ) is an American multinational technology company focusing on e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. It has been referred to as "one of the most influential economi ...
under a different name, where he was much more fastidious in his dealings with customers, since that platform was willing to remove sellers if it got enough customer complaints. Since credit card companies, in their agreements with sellers, can cancel the service if they receive enough "chargebacks" or buyer disputes every month, Borker told the ''Times'' he tried to make sure he avoided alienating too many. Some customers say that he threatened them to drop the dispute, sometimes suggesting he was willing to employ physical violence and emailing them pictures of their houses from
Google Earth Google Earth is a computer program that renders a 3D computer graphics, 3D representation of Earth based primarily on satellite imagery. The program maps the Earth by superimposition, superimposing satellite images, aerial photography, and geog ...
. One told Segal that her bank dropped the dispute and reinstated her charge after a woman claiming to be her called and said she no longer wished to do so. Google responded to the ''Times'' story by writing an algorithm that "detects the merchant from the Times article along with hundreds of other merchants that, in our opinion, provide an extremely poor user experience" and significantly reduces their search visibility on product searches. MasterCard had dropped DecorMyEyes in 2009 due to excessive chargebacks. Borker regained access to their network by using a different bank. The company told the ''Times'' that he should not have been able to do this as he was supposed to have been placed on an internal blacklist; in the wake of the story it told Segal that it had not only put him on that list but increased its safeguards to make sure that those who were supposed to be blacklisted were. Borker responded that it was impossible to shut people down completely online. "I'd use the name of a friend of mine", he suggested. "Give him 1 percent."


2010 arrest and federal charges

A week after the ''Times'' story Borker was arrested by agents of the United States Postal Inspection Service on charges of mail fraud,
wire fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to fraud, defraud another, and are Federal crime in the United States, federal crimes there. Jurisdiction is claimed by the ...
, making interstate threats and cyberstalking, and arraigned in the
United States District Court The United States district courts are the trial courts of the United States federal judiciary, U.S. federal judiciary. There is one district court for each United States federal judicial district, federal judicial district, which each cover o ...
in
Manhattan Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...
. Bail was denied on the basis that he was a threat to the community. A search of his house turned up a stock of
counterfeit To counterfeit means to imitate something authentic, with the intent to steal, destroy, or replace the original, for use in illegal transactions, or otherwise to deceive individuals into believing that the fake is of equal or greater value tha ...
eyeglasses, and fake 8mm replica guns. State charges were dismissed. After months of confinement in the
Metropolitan Detention Center A Metropolitan Detention Center (MDC) is a United States Federal government detention facility (prison) operated by the Federal Bureau of Prisons. There are MDCs throughout the United States. An MDC, unlike a Federal Penitentiary, is designed t ...
in Brooklyn, Borker was freed in April 2011 upon posting $1 million bond and accepting restrictions that included accepting surveillance by a security guard in his home, at a cost to him of a thousand dollars a day. In May 2011, Borker pleaded guilty in Federal District Court in Manhattan to two counts of interstate communication of threats, one count of mail fraud and one count of
wire fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to fraud, defraud another, and are Federal crime in the United States, federal crimes there. Jurisdiction is claimed by the ...
. In September 2012, Borker was sentenced to four years in federal prison and ordered to pay nearly $100,000 in fines and restitution. He was released four years later.


2017: OpticsFast

Before his imprisonment, Borker had a friend, Michael Voller, create a successor site, OpticsFast, to continue the business—with another friend's name on the incorporation papers—which he later reassumed control of after his release, offering this time to repair glasses as well as selling new ones. Members of Voller's family furthered the scheme by telling Borker's probation officer that he was working for their family business and fabricating documentation to support that. Borker resumed his tactics of selling customers cheap counterfeits of luxury brand eyewear and then insulting and harassing them if they complained or attempted to return or exchange the merchandise, again with the goal of driving traffic to his site through the links from online complaints, this time primarily on Yelp. Borker is not known to have physically threatened customers during this period, although he did charge one for a mailing label he claimed to have printed after the customer decided to cancel his order, a tactic he later admitted was fraudulent when allocuting. Many communications sent by Borker under the name "Becky S", Judge
Paul G. Gardephe Paul G. Gardephe (born October 17, 1957) is a United States federal judge, United States district judge of the United States District Court for the Southern District of New York. Education and career Born in Fitchburg, Massachusetts, Fitchburg, ...
noted, were the source of many of the complaints lodged against OpticsFast. " stomers describe interactions with OpticsFast employees that appear irrational if not imbalanced", he wrote in sentencing Borker. "Indeed, many of the customers who filed complaints appear to have done so more because of the disturbing nature of th seinteractions ... rather than because of any loss they suffered from doing business with OpticsFast." Some customers did face offline harassment. A
Southern California Southern California (commonly shortened to SoCal) is a geographic and Cultural area, cultural region that generally comprises the southern portion of the U.S. state of California. It includes the Los Angeles metropolitan area, the second most po ...
woman, who recognized the email she received as having come from someone involved with DecorMyEyes since it referenced an order she had made nearly a decade earlier, recalls being told on the phone by a person purporting to be a police officer that she needed to report to the police station at once as a civil harassment suit had been filed against her; she declined after asking why the police were involved if it was a civil matter. The credit card she had used to make her eyewear purchase was then used to make a series of purchases around
Brooklyn Brooklyn () is a borough of New York City, coextensive with Kings County, in the U.S. state of New York. Kings County is the most populous county in the State of New York, and the second-most densely populated county in the United States, be ...
. The ''New York Times'' reported on Borker's apparent return, noting that OpticsFast had been active while he was in prison. Search engine expert Doug Pierce, consulted by the newspaper, found the code and
HTML The HyperText Markup Language or HTML is the standard markup language for documents designed to be displayed in a web browser. It can be assisted by technologies such as Cascading Style Sheets (CSS) and scripting languages such as JavaScri ...
running the OpticsFast page to have been substantially similar to DecorMyEyes until 2016, when Borker was released. Both domains had the same owner, but since the sites had been active while Borker was imprisoned the ''Times'' could not say for certain that he was involved in the new site. In May 2017, a month after the story ran, Borker was arrested again and charged with wire and mail fraud associated with alleged harassment and abuse as operator of OpticsFast. Voller, also originally indicted, turned state's evidence against Borker and had most charges dropped; he was sentenced to time served in late 2020. Borker has sued him and others in state court alleging
breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ...
.
Joon H. Kim Joon Hyun Kim (born May 26, 1971) is an American attorney who served as the acting United States Attorney for the Southern District of New York from March 2017 to January 2018. He was Deputy U.S. Attorney for the Southern District of New York fr ...
, acting United States attorney for the Southern District of New York said that "Borker's shameless brand of alleged abuse cannot be tolerated, and we are committed to protecting consumers from becoming victims of such criminal behavior". Borker's lawyer stated his client would "plead not guilty and defend himself against the charges", which carried a maximum penalty of 20 years imprisonment.


Plea and sentencing

In February 2018, Borker was sentenced to two years for violating parole after his release in 2015. The terms of his parole forbade him from lying to his parole officers, which he had done when he had repeatedly denied he had started another online eyewear retail site. A month later, Borker pleaded guilty to wire and mail fraud charges in exchange for a reduced sentence.
MSNBC MSNBC (originally the Microsoft National Broadcasting Company) is an American news-based pay television cable channel. It is owned by NBCUniversala subsidiary of Comcast. Headquartered in New York City, it provides news coverage and political ...
devoted an episode of ''
American Greed ''American Greed'' (also known as ''American Greed: Scams, Scoundrels and Scandals'' and as ''American Greed: Scams, Schemes and Broken Dreams'') is an American documentary television series on CNBC. The series focuses on cases of Ponzi schemes, ...
'' to Borker in June. In April 2019, he was sentenced to two years in prison, to be followed by three years of supervised release, a $50,000 fine, and a $300 special assessment. He was released from prison in November 2020.


2021–22: Eyeglassesdepot

In 2021, the ''Times'' reported that Borker may have again returned to selling eyeglasses online and harassing dissatisfied customers, this time through a site named Eyeglassesdepot. Customers reported similar behavior, such as threats, insults and online
doxxing Doxing or doxxing is the act of publicly providing personally identifiable information about an individual or organization, usually via the internet. Historically, the term has been used interchangeably to refer to both the aggregation of this in ...
, including not only their credit card numbers but the cards' security codes, when they complained or tried to return merchandise, and attempts to intimidate them into paying for printed mailing labels after they changed their mind. They said the company's representative identified themselves as "Arsenio". This time, Trustpilot hosted many of the negative reviews. The owner of Eyeglassesdepot seemed to more genuinely fear the consequences of bad reviews there. He followed up one customer's complaints about his behavior with a post claiming it was a fake review posted by a competing site, along with the complainant's home address and cell phone number. He also threatened to post multiple fake positive reviews for every negative one. Trustpilot management investigated after receiving complaints, and found almost half of the positive reviews of Eyeglassesdepot were fake. It removed them and sent Eyeglassesdepot an email asking that it
cease and desist A cease and desist letter is a document sent to an individual or business to stop alleged illegal activity. The phrase "cease and desist" is a legal doublet, made up of two near-synonyms. The letter may warn that, if the recipient does not dis ...
from further such behavior. "Yeah whatever" read the reply. Pierce believes that Eyeglassesdepot and OpticsFast, which look very similar and share common third-party tags, have the same owner. Pierce concluded, "Whoever created Eyeglassesdepot simply cloned OpticsFast, perhaps in the interest of saving time and money, and then made a few cosmetic changes". Pierce allowed that that individual may not have been Vitaly Borker, "But who else would steal the code from a website as notorious as OpticsFast?" Borker's attorney denied that his client was Arsenio. If Borker were to be involved in any way with Eyeglassesdepot, that by itself would be enough to send him back to prison, since the terms of his most recent parole forbid him from any involvement whatsoever with online retail. In February 2022, prosecutors announced that Borker had been arrested again, on one count each of mail fraud, wire fraud and aggravated
identity theft Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term ''identity theft'' was co ...
, the latter stemming from his use of two other people's names while running eyeglassesdepot. The ''Times'' noted that while he had apparently started it while still in a halfway house after his previous conviction, this time he seemed less audacious, content to merely sell used or counterfeit eyewear as new and genuine while not paying refunds, and provoking, threatening and abusing unhappy customers to lesser degree than he had previously. His attorney said he planned to plead not guilty.


Personal life

At the time of his first arrest, Borker was married and had a daughter born in 2008. In 2019, during sentencing in the OpticsFast case, Gardephe noted that Borker had been diagnosed with
narcissistic personality disorder Narcissistic personality disorder (NPD) is a personality disorder characterized by a life-long pattern of exaggerated feelings of self-importance, an excessive need for admiration, a diminished ability or unwillingness to empathize with other ...
,
bipolar disorder Bipolar disorder, previously known as manic depression, is a mental disorder characterized by periods of depression and periods of abnormally elevated mood that last from days to weeks each. If the elevated mood is severe or associated with ...
and obsessive-compulsive disorder.


See also

*
Criticism of Google Criticism of Google includes concern for tax avoidance, misuse and manipulation of search results, its use of others' intellectual property, concerns that its compilation of data may violate people's privacy and collaboration with the US militar ...
* Google search optimization * List of ''American Greed'' episodes *
List of Ukrainian Americans There are many Ukrainian-Americans in the United States, including both original immigrants who obtained American citizenship and their American descendants. To be included in this list, the person must have a Wikipedia article showing they are U ...


Notes


References


External links


ResellerRatings reviews of DecorMyEyesBetter Business Bureau report of DecorMyEyes
{{DEFAULTSORT:Borker, Vitaly Year of birth uncertain American computer criminals American computer programmers American counterfeiters Black hat search engine optimization Cyberbullying Internet fraud John Jay College of Criminal Justice alumni Living people American people convicted of mail and wire fraud People with bipolar disorder People with narcissistic personality disorder People with obsessive–compulsive disorder People from Sheepshead Bay, Brooklyn Prisoners and detainees of the United States federal government Computer criminals Ukrainian criminals Ukrainian computer programmers Ukrainian counterfeiters Ukrainian expatriates in the United States Ukrainian fraudsters Ukrainian people imprisoned abroad American businesspeople convicted of crimes Year of birth missing (living people)