The U.S. Court of Appeals for the 4th Circuit issued a split ruling on Friday, overturning former Baltimore State's Attorney Marilyn Mosby's conviction for mortgage fraud but affirming her perjury convictions. This decision also resulted in the reversal of the forfeiture of her Florida condominium.
In a 2-1 ruling, Judge Stephanie Thacker, representing the majority, stated that the U.S. District Court for the District of Maryland had not made an error in allowing evidence regarding the use of funds Mosby withdrew from her retirement accounts. The court found this evidence relevant in determining whether she faced "adverse financial consequences." However, the 4th Circuit agreed with Mosby's argument regarding an instructional error related to venue, concluding that the jury may not have been adequately informed about the venue requirements necessary for a conviction.
In February 2024, a federal jury found Mosby guilty of lying on a “gift letter” in 2021, falsely claiming that her then-husband would provide her with $5,000 for a condominium purchase in Florida. Prosecutors asserted that the funds actually came from Mosby herself. In a previous trial in November 2023, she was convicted of lying about experiencing a financial loss due to the pandemic when she withdrew funds from her city retirement account under the federal CARES Act.
Though the charges were tried separately, prosecutors maintained that they were interconnected, with Mosby allegedly lying to access retirement funds, which she used for down payments on luxury vacation homes in Florida.
While a spokesperson for the Maryland U.S. Attorney’s Office declined to comment, Mosby's legal team did not respond immediately to requests for statements regarding the recent ruling. Judge Paul Niemeyer, in a separate opinion, dissented on the venue issue, arguing that evidence supported the conclusion that the false statements were made in Maryland.
Mosby has previously criticized her prosecution as misguided and has sought a presidential pardon. The Maryland Supreme Court has allowed her to retain her law license during the appeal process.
Reported by HarborBeat based on Maryland Daily Record (source).
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