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Two lawyers convicted in $25 mln mortgage fraud

7/27/2012 COMMENTS (0)

NEW YORK, July 27 (Reuters) - Two New York lawyers were convicted Thursday of participating in a massive mortgage-fraud scheme that bilked $25 million from financial institutions and wholesale mortgage lenders, federal prosecutors said.

Aaron Rabinowitz and Matthew Burstein, both aged 40, were each found guilty on 10 felony charges, including conspiracy to commit bank and wire fraud.

The charges followed a nearly two-week trial before U.S. District Judge Allyne Ross, according to a spokesman for the U.S. Attorney's Office for the Eastern District.

Rabinowitz and Burstein of Queens were each acquitted on one count of bank fraud.

The two lawyers were among six individuals charged in 2011 in connection with the long-running scheme.

According to the indictment, the defendants obtained millions of dollars in mortgage loans from major banks and lenders by submitting false information on loan applications to make "straw buyers" appear creditworthy. They also misled lenders about how much money was disbursed at property closings.

From 2001 until July 2010, defendants raked in commissions and fees from the mortgages. When the straw buyers stopped making payments, they defaulted on the loans, costing lenders millions, the indictment said.

Burstein and Rabinowitz represented buyers and mortgage lenders in transactions involving the mortgaged properties, prosecutors said.

"The defendants violated the trust placed in them as attorneys and further damaged the integrity of the real estate market," U.S. Attorney Loretta Lynch said in a statement.

Both men are planning to file post-trial motions for a new trial, according to a letter filed with the court Friday.

"There was a massive mortgage fraud conspiracy where people made a lot of money, and these two defendants were not a part of the conspiracy," said Roger Stavis, an attorney representing Rabinowitz. "They were only lawyers doing legal work and getting paid reasonable legal fees."

Burstein and Rabinowitz each face up to 30 years in prison when they are sentenced on Nov. 26.

The other defendants in the case have pleaded guilty.

The case is U.S. v. Roldan et al., U.S. District Court for the Eastern District of New York, No. 10-623.

For the U.S.: Matthew Amatruda, Alexander Solomon, Evan Weitz and Robert Polemeni.

For Burstein: Gregory Cooper.

For Rabinowitz: Roger Stavis, Adam Felsenstein and Pamela Gallagher of Gallet Dreyer & Berkey.

(Reporting by Jessica Dye)

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