No, it's literally lose-lose in anyone's opinion who understands how the salary cap works. In the scenario you describe, the Patriots would take the cap hit of $5m from Brown's first contract (it cannot be credited until next league year even if forfeited) and then would take another cap hit of $5m from Brown's second contract. It makes zero sense and they can't afford it. The scenario you are looking for requires the Patriots to capitulate and pay Brown his signing bonus from the original contract, and then sign him to a new contract without guarantees.