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State of Ohio v. Fred Loewinger

November 3, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
FRED LOEWINGER DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-535936

The opinion of the court was delivered by: Mary Eileen Kilbane, A.J.:

Cite as

State v. Loewinger,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Kilbane, A.J., Blackmon, J., and Jones, J.

{¶1} Defendant-appellant, Fred Loewinger (Loewinger), appeals his sentence. Finding no merit to the appeal, we affirm.

{¶2} In April 2010, Loewinger and 15 co-defendants were charged in a multi-count indictment involving mortgage fraud. The indictment states that Loewinger owned a mortgage broker company named Fast Mortgage Services, Inc. Loewinger acted as a loan officer and prepared loan applications that were submitted to lenders for approval. He selected appraisers to value the properties for the loan purposed and consulted with Titles, Etc., Inc. to close the 20 transactions listed in the indictment. Titles, Etc., Inc. is owned by co-defendants Mitchel Petti and Mark Petti. Loewinger performed these activities in a fraudulent manner as the head of the criminal enterprise, which engaged in a series of fraudulent mortgage schemes designed to obtain control over the loan proceeds and distributed those illegally obtained proceeds to others participating in the enterprise.

{¶3} Count 1 charged Loewinger with engaging in a pattern of corrupt activity (a first degree felony, with the value of loss greater than $1,000,000 and a mandatory ten-year prison sentence); Count 2 charged him with conspiracy to commit the crime of engaging in a pattern of corrupt activity; Count 3 charged him with money laundering; Counts 4, 5, 74, and 75 charged him with theft by deception; Counts 10, 14, 18, 22, 26, 30, 34, 38, 42, 46, 50, 54, 58, 62, 66, 70, 82, 86, 90, and 94 charged him with securing writings by deception; Counts 11, 15, 19, 23, 27, 31, 35, 39, 43, 47, 51, 55, 59, 63, 67, 71, 83, 87, 91, and 95 charged him with receiving stolen property; Counts 12, 16, 20, 24, 28, 32, 36, 40, 44, 48, 52, 56, 60, 64, 68, 72, 84, 88, 92, and 96 charged him with tampering with records; Counts 13, 17, 21, 25, 29, 33, 37, 41, 45, 49, 53, 57, 61, 65, 69, 73, 85, 89, 93, and 97 charged him with telecommunications fraud; and Count 98 charged him with forfeiture.

{¶4} Pursuant to a plea agreement, Loewinger pled guilty to the following: engaging in a pattern of corrupt activity, as amended in Count 1 (a second degree felony, with the value of loss being more than $500,000, but less than $1,000,000); money laundering as listed in Count 3; theft by deception as listed in Counts 4, 5, and 74; and tampering with records as listed in Counts 12, 16, 20, 24, 28, 32, 36, 40, 44, 48, 52, 56, 60, 64, 68, 72, 84, 88, 92, and 96. The remaining counts were nolled. The trial court sentenced Loewinger to six years in prison on Count 1 and three years in prison on each of Counts 3, 4, 5, 12, 16, 20, 24, 28, 32, 36, 40, 44, 48, 52, 56, 60, 64, 68, 72, 74, 84, 88, 92, and 96, to be served concurrently for a total sentence of 6 years. The trial court also ordered restitution in the amount of $1,431,250.58.

{¶5} Loewinger now appeals, raising the following single assignment of error for review.

ASSIGNMENT OF ERROR ONE

"[Loewinger] received ineffective assistance of counsel ...


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