UNITED STATES OF AMERICA v. LORRAINE BROWN – SENTENCING GUIDELINES – Linda Green, DOCX, LPS, Lender Processing Services “No actual loss, No victims”


UNITED STATES OF AMERICA v. LORRAINE BROWN SENTENCING GUIDELINES – Linda Green, DOCX, LPS, Lender Processing Services “No actual loss, No victims”

Lorraine Brown is due to be sentenced on April 23, 2013 at 11:00 a.m. following her guilty plea to conspiracy to commit mail fraud and wire fraud, in violation of 18 U.S.C. § 371. This pleading is filed to provide the Court with our positions regarding the application of the Sentencing Guidelines.

We submit there is no actual or intended loss here. “‘Actual loss’ means the reasonably foreseeable pecuniary harm that resulted from the offense.” USSG §2B1.1, comment. (n. 3(A)(i)). (Emphasis added.) “‘Intended loss’ . . . means the pecuniary harm that was intended to result from the offense.” USSG §2B1.1, comment. (n. 3(A)(ii)). (Emphasis added.) The reason there is no actual or intended loss is because it was not reasonably foreseeable to Ms. Brown that anyone would suffer pecuniary harm as a result of her offense conduct, and she did not intend pecuniary harm.

In order to illustrate our point, the following example is used to contrast Ms. Brown’s offense conduct with offense conduct where loss would be reasonably foreseeable and/or intended. Let’s say Defendant (D) and Victim (V) go out to a restaurant for lunch. V gets a phone call and steps outside the restaurant to take it, leaving her purse on the table. D reaches inside V’s purse, pulls out her checkbook, tears off a check, makes it out to himself in the amount of $100 and forges V’s signature on the check. After lunch D heads to the nearest bank, endorses the check, and cashes it. Clearly D has committed the crimes of forgery and uttering a forged instrument and just as clearly it was reasonably foreseeable to D that the actual loss would be $100. Alternatively, if the bank teller becomes suspicious and calls the police, and D gets arrested before the check is cashed, the intended loss would be $100. This is completely different from Ms. Brown’s offense conduct, where mortgage-related documents that needed to be signed and notarized were signed by someone not authorized to do so and notarized outside the presence of the signer. While Ms. Brown fully admits that what she did was wrong, the fact remains that it was not reasonably foreseeable to her that pecuniary harm would result.

Clearly Lorraine Brown is not a “con man.” She meant to perform and did perform the job she was hired to do. Her crime is that she allowed surrogate signers, rather than authorized signers, to sign the mortgage documents and to do so outside the presence of notaries.

If the Court adopts the Probation Office’s position that there is a loss but it reasonably cannot be determined, and that gain should be used as an alternative measure of loss, we submit that the gain figure should be substantially less than the $20,000,000 advocated by the PSR. This is because:

The $20,000,000 LPS forfeited to the government is an arbitrary figure that was negotiated by counsel for LPS and counsel for the United States. No doubt, both sides took into account the risks and costs of litigation when deciding to settle, and to settle for that amount. LPS had a tremendous incentive to agree to the forfeiture of the $20,000,000–as part of the settlement agreement, the government agreed not to prosecute LPS criminally. A felony conviction would have cost LPS millions, if not billions of dollars in lost business.

Respectfully submitted,
Professional Association
s/Mark Rosenblum
Mark Rosenblum
Florida Bar No. 289175
Vanessa Zamora Newtson
Florida Bar No. 641723
1300 Riverplace Blvd., Ste. 601
Jacksonville, Florida 32207
Telephone: 904-396-6100
Facsimile: 904-346-4481
Counsel for Defendant






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15 Responses to “UNITED STATES OF AMERICA v. LORRAINE BROWN – SENTENCING GUIDELINES – Linda Green, DOCX, LPS, Lender Processing Services “No actual loss, No victims””
  1. Rebecca says:

    I can’t afford a lawyer I no there is a case federal sealed out there where ? Don’t know. I wrote ask tell them my health eyes hey im older my eyes not great I use my iPhone to email I have no idea how to fill out forms no clue what I’m doing on this it frustrates overwhelmed I become so stressed into panic attack trying to figure out what how. And why can’t they help hear my cries with this I ask and ask for help no one will talk to me no lawyer not anyone they can’t tell me. If I had the money it would be different I lived middle class they knew I was out here they chose to turn away if they would not help me. I met many homeless who are worse off with less then I and this sadness me. Because what are these programs for they have money to build new housing dept buildings bus lines no help for housing when we had the biggest housing crunch HUD housing was not set up to help understand that everyone does not have same needs for housing help we come apron hard life changes each person reasons are not the same. Dam it I am so disappointed pissed off and I want my life back you stole it you knew what you were doing but you thought disabled crazy out there crazy. Sorry no I have a hard time with the little things these drive me crazy I always could handle the large ones I have every doc letter name date written I do have my papers envelopes docs programs that were to of they knew how the hell do you seal my case with out even speaking to me ? Asking if two party’s had same lone number title number what ever don’t you talk to both to see what who said what ? Why not. ? I’m poor I’m divorced I’m homeless you stole destroyed my life killed me inside and breaks my heart daily knowing my son has no home to return to today bio science blood veterinarysurgy intellectual very both my boys who I made sure had and learned education was very important in life not to be a followers why this has destroyed me I was displaced out out to pasture by my country state city at 53 disabled my dam lower back L 6&7 are broken. My patents passed my life living in out of my car sleeping every where I hate how I have no where to go no place I cry drive I want to wake up at home 22 years made this house a home dam you physical injuries sickness it some wrong full death yes you say no harm I’m numb destroyed so lost I don’t even know who where when why. I made sure I did everything plus others know saw I still do IFR was to be completed returned prior feb 2012 I sent last min feb2 2012. They kept extending date when I had to stress send write like a crazy nut due to stress frustration confusion not knowing you know that dam video they made IFR came out after I sent more every thing I could recall then I started working daily fighting to save oct 2009 and have not stopped yet think at least I could get a dam motel voucher to unwind no. I guess I ask too much and I did ask for a computer along with my legacy to donate my body to science at lest they could do to a school to learn from with my records why do my children need to pay handle the harm it caused my body my skin my emotional state I was and am highly intensely emotional feeling person. I can’t comprehend let focus sidetracking ever way you’d be the same that’s if you even made it this dam far yes I’m angry I’m hurt I have ever emotion one thinks. I hate that I see know how it effected me my head body arching over today see I need therapy on my parts that did not heal and im not ready to lose my Independant nor dignity yet why have tax payers pay more I was able to have cash I just made it in my home my boys worked from 14 – 15 years old they made very good money for their age I had angels watching over then is I could not afford to buy what they wanted or needs my x dead beat needs pic in milk carton. I am the adult mom. I was the one whotook the hit guilt I did nothing wrong I did what ever and all they asked to get what ?
    I went 4 days to Los Angeles back forth Naca They were saving the poor homes. No sorry ask robin shed tell you ask Gina theirs are many others you cAn ask three years in hell trying and getting more pain hurt loss car broken into stealing my things what my dads military WWII mp badge dog tags for my sons plus my car they screwed popped the windows out more then to get into take from me I already lost every thing why didn’t they shot me dead I honestly think it would of been best only just like angel returning keeping me going she had to eat bath dog park. You try looking for a bathroom to use and if you find your lucky to get to use. I never would of thought homeless my government was this way. See born raised American taught to be proud. Told how great of a country there are programs out there if one needs honestly needs shown different. My feelings unsure today on America. I told the federal treasury who ever all of they can have my passwords my computers emails home landline all they need to check the records it showed I called occ it showed I contacted Washington or they called me when still in home before auction
    Even after. Verizon you do know that no message is able to be erased they are able to hear these look at our dictionary who one word can be and does mean many different things. I can’t get my words out and trying frustrates me more you think this is a disability. Condem me then get it right America I have a granddaughter who is homeless also. I told my son to go to housing
    July 2012 infant born dec 2011 they said you need to wait till the list opens nothing we can do turned their heads on a baby. Fuck this its wrong I don’t stand if I’m not harmed. What does harm stand for its meaning I the law courts. I’m human man ignorant to knowledge. Yes this make me wrong give you the right to seal I did not remember you try handling all and then bam torn out from under you. I been through much more then many. Ask I have a doctor how I was his first patient he knows he’d tell ask no seal this is harm this destroys more harm to my family myself

  2. Rebecca says:

    I’m lost I was harmed along with many older Americans who did own their homes years! We had Finanical hardships the government said that there are programs that would help the low income older adults that did own live in their homes years to stay in these homes keeping their American dream alive. Obama state of union may 2010 did any one else hear this? Our news stations television all talked how and that these are what you must do to get help I did each one dam it and even when NHSIE sent me email with total 81 email addresses telling me to sign for IFR spring 2012 told forward to Russ conceltents. So all these reviews national mortgage programs were another political scam? Because I’d look and email HUD housing 2 years each time I saw if looking at foreclosure contact every dam program I did and did not qualify because of my income was too low! Bull I received email from title check telling me that my exclusive grant deed was real I lost every thing I loved my children our home our pets items fast and how the hell can they say no harm? Two years driving to from county 5 southern calif looking calling emailing walking into housing asking explaining begging I been all alone 53 today 55 years old late 1990’s prior my divorce judge ordered clerk of court to sign off x making me sole owner 1998 1987 I was disabled Amtrak train derailment government AZ ca two lawyers needed for this case only ca signed off when AZ told them that I was need to be explained this no I was. Not told they put me on Dissability right after who in the system let then toss a single older adult disabled had IHHS extremely low limited income SSI disability mobility PTSD that was to get better only my life tossed hard balls left and right breaking bones through out my years along with much loss hurt destruction 2010 SSI called me jan said my payment was dropping because of 2,000 dollars a check I believed I told about she was not able to tell me the date this was! She my case worker sent me a letter with her direct phone number to call see they all ready knew I’d be homeless they never sent you there info for nothing and after homeless they told me that they could not help me when I went into the s s office asking crying I had no one no where to go I heard that social security does help disabled when needed
    Why was I labeled out divorced women disabled extremely low limited income who yes did party but I had a line that I would not cross under people hate I had a beautiful nice clean upgraded home that 22 years we lived and no matter adult perfection services my congressman office IHHS my doctors office manager every place I went for help I was turned away
    You don’t get this I have been through fucking hell my son left abroad jan 2010 5 yrs my youngest moved out unexpected we had words not kind words hurtful words that you can’t just take back
    Then Wachovia cap off loan up pick a pay you know I recall social security case worker asking me why didn’t I tell her prior they would of helped me. Wait why was I told they would of not called into HUD approved program for council to help me they never returned a dam call I made after that 2nd case worker did not follow the action plan or my city state didn’t Washington, D.C. Returned my phone call only they didn’t not I force anything. See what I can’t understand is if I had so many days after lock out why wasn’t I told to do this that. My friend robin went to court with me unlawful detainee. She reminded me that I stood there trying to talk find out what to do next only no one would help talk to me over 20 to 45 min. Then I walked out. What’s wrong with this pic ? City where I live San Bernardino ca. My neighbor Chaz Kelly 5 ward he told me that he did not have enough pull not high up to help me. No one in this city was willing able wanting to help the only kind man was the Sherriff who hugged me a week before when gave me the lock out notice and the same Sherriff was there at lock out cash for keys ended being bank rep that day the day before cash for keys was in front if my home rolled down truck window rebecca are you ready ? Smiling grinning harassing me my youngest son told the shariff about it and he said its their word against yours
    They knew dam well what and they wanted my home because it was upgraded new roof new heating air fixtures faucets tile paint carpet it was just the way I always wanted it our home I did not have to worry stress anylonger winds blowing off shingles my little boys climbing up into roof in poring rain wind trying to cover so no leak my insurance co canceled me years ago I knew nothing about my mortgage I still don’t really no even today no one will call me no one will come help me talk to me look into my eyes why ? If not harmed anyone why ignore me my cry for help I even begged them. No one
    My body had deteareted these past months it kills me daily my son had no home to return to hope NHSIE making home affordable hamp harp what ever I went around in circles calling 211 stupid honestly they don’t help I can’t even get a voucher for motel room unless I have a place to go after. My dogs took off three dam days after 14 days lAter I got my angel back I would not be here today with out her and this city housing HUD government programs they had no compassion care understanding what you thought I was lying
    Why for what think I don’t wouldn’t have any other thing better then to keep writing over daily acted look in my dam phone contacts I contacted all of those not well put it like this when I got a lead looked good someone had different rules to follow behavior health the women I met shock hands with was glad I came said that they would even help me with filling out the papers only I was told who we don’t have why would we do housing were behavior Health each place I contacted went that looked or was to help I made sure that others new heard speaker over phone went with me Naca renters how dare they do this tell me to get renters. When my neighbor worked in a bank she said anyone that works or has in bank knows right off renters income does not count as income when one is on SSI disability

    They each program Wachovia wells NHSIE said renters these renters put me behind bad enough I was grieving empty nest with in a month apart not knowing where aboutsof my sons. They knew this I even put it in my hardship letter along with renters not paying police had to come out I rented to a black kid 3 months no contract verbal police said verbal is just as valid as contract. If I was predigest why the hell would I of let a kid that said was from Africa into my home if I thought he’d rip me off? I would not of. Divorced calif seems to make own laws heard I became skim milk after divorced. Not whole milk any longer in my states eyes. Who had a discrimination predigest out look here. Not I.

  3. trabee1973 says:

    Does anyone know what she received for her sentence yesterday??

    • The judge deferred his ruling.

      • TraBee1973 says:

        Thanks for the update…not surprised! I suppose they are “waiting” for her sentencing date in Michigan next month. As much as she deserves it, I will be VERY surprised if she get any time in the gray bar hotel.

  4. I believe these narsictic pshycpathic serieal financial banksters are only thinking of themselves. No harm to banks no bank victims! Record profits on stolen homes and insurance and TARP funds and all they can take from the pain and suffering of the Amerian people victims harmed and the entire financialy harmed economy. A criminal felony a mortgage crime deemed the same as terrorist crimes once posted on the FBI sites. .

  5. Carol says:

    Oh brother, come on, give us ALL a Break! So, according to this liar or liar firm representing Ms. Brown, by committing a crime, by acknowledging that she Knew she was authorizing false signatures and authorizing notaries to further the FRAUD, that she didn’t know it would harm anyone? Come on! If you know you’re doing something WRONG, you KNOW it’s harming someone! People Please. The judges are not THAT stupid. IF they rule in her favor, it’s plain and simple and EXTREMELY clear, that the judges are either CORRUPT or CRAZY. Seriously.

  6. The banks just happened to get lucky and foreclose on millions of homes with fraud docs and Lorraine Brown is going to jail why if there was no intent and what she did is not a crime with any wrong intent to cause harm? WOW! The manipulation to conceal and suppress the crime is so blatantly evil and ugly. ARE YOU KIDDING ME? Displaced families wrongful foreclosure not being undone or stopped, and 300.00 checks going to compensate these victims. WHERE IS THE RAGE?

  7. JamesM - JamesX says:

    WAKE UP – This is NOT a ruling by a court, it is a position statement, a sort of memorandum of law in opposition to the governments sentencing recommendations. It was filed by her defense counsel and not signed by a judge.

    Quick question: I don’t know much about the case, was she signing as any other pension like Linda Green? Were any of her employees or direct reports signing as any other person ? Or signing when they did not have personal authority ? Or signing as an officer of a corporation when they were not actually proper officers of that corporation ?

    If any of the above are true, you might ask your attorney if he would filed a ‘friend of the court’ memorandum or brief in support of the government’s sentencing guidelines. I think the argument about no loss is week. Since she KNEW the intention of such documents was for them to be filed in the public records, and used in court, in support of foreclosure cases, and at least in FL filing a fraudulently executed document is a felony, and can be cause for a Slander of Title action because of the legal costs of having it removed, there is clearly foreseeable loss. If the documents are used to effect a foreclosure by an improper party, or to back date standing to before commencement of the action, there is CONSIDERABLE foreseeable loss.

    I also DON’T see any suggestion of mitigation for cooperation and helping the government with prosecution of others. She was not the only actor, either in the building, doing the work, or from the clients requesting the work. If she does not want to incriminate the other participants, officers of LPS etc, and wants to be the sole scape goat, then she should be punished for the full scope of the crimes.

  8. yvonne says:

    the ruling simply shows how weak the defense was…how can you admit to a crime and not expect consequences from your actions that would harm the ones you committed the crime against…she made a conscious decision to break the rules…not a scapegoat, she had the opportunity to do otherwise…

  9. Alabama John says:

    The sentence will probably be reduced but, still be a felon and that all by itself is bad for the rest of your life.

  10. Jay Spencer says:

    Rebecca, you are not alone! Millions have been victimized by these banksters. Reach out for help, and you will find it. Tell us what you’re facing and we’ll fight them together. Just one example: the Anti-Foreclosure Network at AFNetwork.org.

  11. Rebecca Lara says:

    I just don’t have it left. Tears fall I’m a mess lost alone confused. Fell too far down
    And fucking HUD housing sends me papers online to complete when I don’t know his to
    What now I get right the fuck in
    I’d rather not be alive

    • yvonne says:

      Rebecca, perhaps it is time to give the Lord Jesus a chance? I did and it helped and now things are working out for the best…stop and take a deep breath and try to imagine the best time of your life and take it from there…

  12. talktotennessee says:

    The ruling fails to define, try or sentence the true con artists that did gain from the fraud.
    This would be the banks, mortgage companies and servicers, none of which were subjected to criminal charges or a trial and should be in this position with her. She will be compensated in the end for taking the hit and she will probably get off light anyway! Nothing to see here but same old – – – – !

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