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Eyewear Fraudster Borker Was Detained in SDNY Magistrates Court Now Retained Counsel

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, March 18–  Michael Voller did business with, then cooperated against, eyeglasses fraudster Vitaly Borker of OpticsFast.

On November 23, 2020 Voller was up for sentencing before U.S. District Court for the Southern District of New York Judge Paul G. Gardephe. Inner City Press live tweeted it, here
and below.

Jump cut to February 18, 2022 - Vitaly Borker himself was back in SDNY Magistrates Court, arrested for again fraudulently selling glassed. He was detained. Inner City Press live tweeted it, thread here:

OK- repeat eyewear fraudster Vitaly Borker has been arrested and is in SDNY Magistrates Court, US wants him detained

Borker offers $2.2 million house to secured bond. But it seems he has taxpayer funded lawyer. #CJA23 like Avenatti, Correia, Dirty Doc Ricardo before Judge Cronan.

Judge Aaron has taken a break with pre-trial services

Borker is in camo pants; his CJA lawyer says he takes care of 87 year-old mother and a young son.

Judge Aaron: Mr Borker, you will be detained.

  On February 18, Borker was given a free (or taxpayer funded) lawyer. On March 10 a new, retained counsel from Glen Cove Road in Greenvale, New York filed a notice of appearance.

  On Feb 18, the prosecution had put out a press release: "U.S. Attorney Damian Williams said: “Upon Vitaly Borker’s second conviction by this Office for fraud-related offenses, my predecessor posed the rhetorical question of whether ‘federal prison will impress upon this shady businessman that seeking to make money by fraud and intimidation is a path to prison...’ Apparently, it has not. As alleged, just after his release from federal prison, serial fraudster Vitaly Borker reverted back to his illegal conduct connected to online eyewear businesses."  Bragging about "RECIDIVIST DEFENDANT CHARGED IN CONNECTION WITH FRAUDULENT EYEWEAR WEBSITE FOR THE THIRD TIME" seems strange.

From November 23, 2020: Borker -- and Voller -- induced people to send their glasses to Opticsfast for repairs, then demanded exorbitant fees for repairs or return. 

AUSA Mortazavi: There is some sensitivity with what I'm about to say - Voller and his family members are been threatened.  [Only today, in the docket, an Unsealing Order that guilty plea transcript be unsealed. But it is not yet in the docket] 

Judge Gardephe: Voller knew Borker since high school. Borker started OpticsFast after pleading guilty to fraud with another company, and transferred it to Voller while he was in prison. Borker took it back over in 2015, despite a prohibition. Voller helped him...

Judge Gardephe: Borker received 60% of profits, and Voller 40%. They used aliases. At least 200 complaints were filed with the BBB.  Voller was born in Odessa, Ukraine and emigrated to the US at age 2 with his family.

 Judge Gardephe: Around Thanksgiving 2018, a text seemingly from Borker to Voller's sister promised to do everything possible to put Voller in jail, "many tears, count on it."  [Borker got a 2 level upward adjustment for obstruction of justice]

 Judge Gardephe: Voller imposes little risk of recidivism. I intend to imposes a sentence of two years probation.

It could be terminated early. The case is US v. Voller, 17-cr-391 (Gardephe)

***

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