One brother is out. The other is heading back to prison for their role the largest mortgage fraud scheme in Western New York history have been sentenced for their crimes.
Both Richard and Bobby Amico were convicted of swindling banks out of nearly $60 million. Their convictions were recently overturned on a technicality.
Monday afternoon was their re-sentencing.
A judge told Richard he will not go back to prison and was sentenced to time serve.
His brother Bobby was sentenced to 11 years.
His attorney says that's too long.
"I think that the sentence should have been 120 months and I think it was too long by a year and I think a year's important and I think, like I said in court, Bobby ended this case for everybody. It's been seven and a half years and he stood up and he admitted his conduct and I think he should have gotten the benefit of the additional 12 months," said Matthew Lembke, Bobby Amico's attorney.
Both Amico brothers have also been ordered to pay $15 million in restitution.