Two brothers whose convictions for running a mortgage scheme in suburban Rochester were recently overturned pleaded guilty Wednesday to mortgage fraud to avoid a new trial. Robert Amico, 45, and his 36-year-old brother, Richard Amico, were convicted in 2003 of defrauding mortgage lenders out of $58.5 million for homes built in Monroe, Ontario and Wayne counties from 1994 to 2000. Prosecutors called it the largest case of mortgage fraud ever prosecuted in western New York.
A federal appeals court in May overturned the Amicos' convictions, ruling that the judge who presided over their trial should have recused himself when a prosecution witness claimed he had once helped the judge fraudulently obtain a mortgage.
In exchange for their guilty pleas, the Amicos will avoid a new trial and receive lighter sentences than the ones they received after they were convicted.
Robert Amico, who originally was ordered to prison for 17 1/2 years, will be sentenced to at least 10 years under the plea agreement. He has served more than four years already.
Richard Amico, who received an original prison term of nine years, will get a maximum of five years. He has already served more than three years.
The brothers will receive credit for the time they've already served and remain free until they are sentenced in January.