Who gets the winning $5 million lottery ticket?

Nayel Ashkar, 36, and Andy Ashkar, 34, were accused of swindling a customer out of a $5 million winning lottery ticket in October, 2006

The verdict for two brothers accused of stealing a winning $5 million scratch-off lottery ticket was handed down Wednesday morning, but the question still remains â?? who gets the $5 million prize?

The New York State Lottery issued a statement saying, "We cannot speculate on when and to whom a payment will be made in this case. The Lottery intends to wait until all legal avenues in this case are fully exhausted. The Lottery has a thorough process for determining a claimantâ??s right to winnings and there is no deadline or timeframe for this process to be complete."

Judge Joseph Fahey found Andy Ashkar guilty of criminal possession of stolen property. Both brothers, Andy and Nayel Ashkar, were acquitted of conspiracy charges.

Andy Ashkarâ??s attorney, Bob Durr, says Andy Ashkar still believes that he is the rightful owner of the winning lottery ticket. Durr says they are reviewing options for appeal.

Assistant District Attorney Beth Van Doren says she is "very confident" that the Lottery will award the $5 million prize to Robert Miles.

Andy and Nayel Ashkar were accused of stealing the winning $5 million ticket from Robert Miles who claims he bought it in 2006 at the Green Ale Market in Syracuse, which is owned by the siblings' father Nayef Ashkar.

(Read the Lottery Payment Rules.)