Former Baltimore City Prosecutor Marilyn Mosby Convicted on Federal Perjury Charges

A federal jury has convicted Marilyn Mosby, the former Baltimore City State’s Attorney, on two counts of perjury. The charges stem from her falsification of an application to withdraw retirement funds early during the Covid-19 pandemic, allegedly to purchase two vacation homes in Florida. Mosby now faces a potential maximum penalty of five years in prison for each count.

The conviction follows allegations made in January 2022, asserting that Mosby lied about her finances to acquire an eight-bedroom house near Disney World and a Gulf Coast condominium. Reportedly, she used $90,000 withdrawn from the city retirement plan and provided false information on mortgage documents.

In both mortgage applications, Mosby misrepresented her tax obligations to the IRS, claiming she did not owe back taxes when, in reality, she and her husband were facing a $45,000 lien. Records indicate she purchased a Kissimmee house for $545,000 and a Longboat Key condo for $476,000. The indictment alleges that she falsely claimed the house would be her residence to secure a better interest rate, despite having plans to turn it into a short-term rental. Additionally, she is accused of lying about a $5,000 “gift” payment from her husband, Nick Mosby, whom she filed for divorce from in July.

Once the youngest top prosecutor in any major American city and a prominent “progressive prosecutor” for eight years, Mosby, along with her now-estranged city council president husband, constituted a significant city power couple. The conviction, following a three-day trial, likely marks the end of Mosby’s legal career.

The trial, marked by delays and procedural complexities, pitted Mosby’s court-appointed defense lawyers against the U.S. Attorney’s Office, known for previously securing the imprisonment of the city’s mayor for fraud.

Mosby’s defense argued that the pandemic disrupted her plans to operate a side business, citing eligibility under the Coronavirus Aid, Relief, and Economic Security Act. They contended that the guidelines for withdrawing the funds were vague.

Prosecutors countered, asserting that Mosby prioritized greed over truth, especially given her salary increase to $248,000 in her day job. The defense also presented evidence suggesting that Mosby’s original intention to operate the business was influenced by political considerations, leading to false statements about her plans.

Despite her notable achievements, including the criminal prosecution of six city police officers involved in the Freddie Gray case, Mosby’s legal troubles have unfolded. The evidence presented against her was described as overwhelming, and observers, such as former States Attorney David Plymyer, commend the preparation and trial execution by the U.S. Attorney for the District of Maryland, Erek Barron, and his team.

Elected as state’s attorney in 2014, Mosby’s career saw both successes and controversies, culminating in her defeat in the 2022 spring primary. Separate mortgage fraud charges are also pending against Mosby, with trial dates yet to be scheduled.