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'Broke' mortgage fraudster hires Peruto for appeal

A suburban Philadelphia man, found guilty in a $14.6 million mortgage-fraud scheme that victimized 35 homeowners in Pennsylvania and New Jersey, is appealing his conviction and looking for another day in court.

Before his trial, Edward G. McCusker of Upper Makefield had claimed he was broke and couldn't afford a private attorney. U.S. District Judge Mary McLaughlin granted him a taxpayer-funded public defender. For his appeal, he's hired big-time Philadelphia defense attorney A. Charles Peruto Jr.

The notice was filed Monday announcing Peruto's involvement with the appeal.

Reached Thursday afternoon, Peruto said McCusker's friends were "coming to his rescue."

"They said if they had known the case was going to be such a big deal they would have paid to begin with," Peruto said. "He didn't reach out at the appropriate time."

An appeal filing made today by Peruto cited potential errors at trial, potential prosecutorial misconduct, and potential errors at sentencing.

A spokeswoman for the U.S. Attorney's office, when asked for comment on the potential errors said,"[t]he government cannot address possible claims raised in the media.  The government will respond, as is appropriate, if and when something is filed with the court."

McCusker was sentenced to five years in federal prison on March 6 on 15 counts of wire and mail fraud. The case took four years to make its way through the court and became one of the longest cases of its type. It took two years after his conviction in 2012 for him and four associates to be sentenced by McLaughlin. The sentence of 60 months, however, was less than recommended by federal guidelines.

McCusker's wife, Jacqueline McCusker, was convicted of nine counts of wire and mail fraud for her role in the scheme. McLaughlin sentenced her to a year of home detention and three years of probation. She, too, had been granted a public defender. According to court records, the two public defenders were paid at least $224,000.

Edward McCusker reported last month to FMC Devens in Ayer, Mass., a federal medical center "with an adjacent minimum-security satellite camp," according to the facility's website.