In a notable ruling, the U.S. Court of Appeals for the 4th Circuit issued a split decision on Friday regarding former Baltimore State's Attorney Marilyn Mosby. The court vacated her federal mortgage fraud conviction but upheld her perjury convictions.
The decision, which was passed with a 2-1 vote, determined that the District Court of Maryland made an error in its venue instructions. The appellate judges found that the jury could have reasonably concluded that the government did not sufficiently establish the venue for the case in that district, and deemed the error significant.
However, the court supported the District of Maryland's choice to permit evidence related to Mosby's use of funds from her retirement accounts, stating that this evidence was relevant to demonstrate the adverse financial consequences she claimed to have suffered.
In November 2023, Mosby was convicted on two counts of federal perjury after she claimed a provision of the CARES Act allowed her to withdraw funds from her retirement account without penalty due to financial hardship from the pandemic. Testimony from forensic accountants indicated that her income had actually increased during that time.
Subsequently, in January 2024, she faced trial again for mortgage fraud connected to two vacation homes in Florida. The jury found her guilty of one charge, focusing on a gift letter submitted to a lender that misrepresented the source of funds needed for a favorable interest rate.
Following her convictions, Mosby was sentenced in May 2024 to a year of home detention, followed by three years of supervised release. Her home detention concluded on June 20, 2025.
The recent ruling also reversed the forfeiture of one of the vacation homes in Florida. It remains uncertain whether Mosby or the U.S. Attorney's Office will pursue further legal action, including potential appeals or a retrial for the mortgage fraud charge.
Legal expert Jeremy Eldridge noted that the ruling does not necessarily indicate a shift in the government's strategy but emphasizes the importance of correct jury instructions. Meanwhile, Mosby's law license remains in limbo, pending the outcomes of her appeals.
Reported by HarborBeat based on WBFF (source).
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