en.wikipedia.org/wiki/Vitaly_Borker
4 corrections found
2 counts 1841 and 1843 Wire/Mail Fraud
The statute numbers are transposed. Federal mail and wire fraud are 18 U.S.C. §§ 1341 and 1343, not 1841 and 1843.
Full reasoning
The claim lists the wrong statutory sections for mail and wire fraud.
In the federal court records for Borker's later eyewear-fraud case, the caption page identifies the fraud counts as violations of 18 U.S.C. §§ 1341 and 1343. A separate SDNY judgment in Borker's OpticsFast case likewise states that he pleaded guilty to mail fraud, in violation of 18 U.S.C. § 1341; wire fraud, in violation of 18 U.S.C. § 1343.
So the article's infobox appears to have transposed the digits and should say 1341 / 1343, not 1841 / 1843.
2 sources
- United States v. Vitaly Borker, Sealed Complaint, 22 MAG 1638
Violation of 18 U.S.C. §§ 1341, 1343, 1028A, and 2
- United States v. Borker, 17 Cr. 391 (PGG)
Defendant Vitaly Borker has pleaded guilty to mail fraud, in violation of 18 U.S.C. § 1341; wire fraud, in violation of 18 U.S.C. § 1343...
Vitaly Borker (born 1985 or 1986 in the former Soviet Union)
The birth year here is off by about a decade: official DOJ releases list Borker as ages 35, 41, 45, and 46 between 2012 and 2023, placing his birth in the mid-1970s, not 1985 or 1986.
Full reasoning
This sentence conflicts with multiple official U.S. Department of Justice releases about the same defendant.
- On September 6, 2012, SDNY said: "BORKER, 35".
- On May 25, 2017, SDNY said: "BORKER, 41".
- On February 18, 2022, SDNY said: "BORKER, 45".
- On January 24, 2023, SDNY said: "BORKER, 46".
Those official ages are consistent with someone born in the mid-1970s, not 1985 or 1986. So the article's body text appears to contain a decade-level typo in Borker's birth year.
4 sources
- Operator Of Luxury Eyewear Website Sentenced In Manhattan Federal Court To Four Years In Prison For Defrauding And Threatening Customers
In addition to the prison term, Judge Sullivan sentenced BORKER, 35, of Brooklyn, New York, to three years of supervised release.
- Manhattan U.S. Attorney Announces Charges Against Operator Of Online Retailer For Running Fraudulent Eyewear Website
BORKER, 41, of Brooklyn, New York, is charged with mail fraud and wire fraud...
- Recidivist Defendant Charged In Connection With Fraudulent Eyewear Website For The Third Time
BORKER, 45, of Brooklyn, New York, is charged with mail fraud and wire fraud...
- Vitaly Borker Pleads Guilty To Defrauding Customers Of His Eyewear Websites For The Third Time
BORKER, 46, of Brooklyn, New York, pled guilty to one count of wire fraud...
If true, this would be a violation of a condition of his 2021 parole that he avoid any involvement in online retailing.
The post-2019 restriction was part of supervised release, not parole, and DOJ records place it after his November 2020 release from custody.
Full reasoning
This sentence misstates Borker's legal status.
After the OpticsFast case, SDNY announced in April 2019 that Borker was sentenced to two years in prison, to be followed by three years of supervised release. Then, in the February 18, 2022 complaint about EyeglassesDepot, prosecutors said that after his release from federal custody he was supervised by a United States Probation Officer during his term of supervised release.
So the condition described here was tied to supervised release, not "2021 parole." The official records also place the relevant custody release in 2020, not as a new 2021 parole event.
3 sources
- Operator Of Online Retailer Sentenced In Manhattan Federal Court For Running Fraudulent Eyewear Business
BORKER, 42, of Brooklyn, New York, was sentenced to two years in prison, to be followed by three years of supervised release...
- United States v. Vitaly Borker, Sealed Complaint, 22 MAG 1638
Based on my communications with the United States Probation Officer responsible for supervising VITALY BORKER ... during his term of supervised release...
- Recidivist Defendant Charged In Connection With Fraudulent Eyewear Website For The Third Time
Beginning in at least June 2020, after being released from federal custody and entering a Residential Reentry Center...
In January 2023 he pled guilty to one count of wire fraud and was sentenced to 30 months in prison.
He pleaded guilty in January 2023, but he was not sentenced then; court records show sentencing/judgment happened on April 28, 2023.
Full reasoning
The timing in this sentence is wrong.
On January 24, 2023, SDNY announced that Borker pled guilty and said he "is scheduled to be sentenced" later by Judge Rakoff. A later federal court record in Borker v. Warden Bowers states that Borker became eligible for First Step Act credits when "his judgment of sentence entered" on April 28, 2023. That means the plea and sentencing were separate events, and he was not sentenced in January 2023.
So the sentence should distinguish between the January 2023 guilty plea and the April 28, 2023 sentencing/judgment.
3 sources
- Vitaly Borker Pleads Guilty To Defrauding Customers Of His Eyewear Websites For The Third Time
BORKER is scheduled to be sentenced at 10:00 a.m. on April 21, 2023, by U.S. District Judge Jed S. Rakoff.
- Borker v. Warden Bowers (D. Mass.)
The respondent is directed to recalculate Borker’s FSA time credits to include his eligibility for such credits beginning on April 28, 2023...
- Borker v. Warden Bowers, Memorandum & Order
The parties agree that, for present purposes, the Court’s prior ruling means Borker became eligible to accrue FSA time credits on April 28, 2023.