Former Baltimore prosecutor avoids prison time for mortgage fraud and perjury

A former Baltimore city prosecutor, known for charging police officers in a Black man’s death, avoided prison time during her sentencing on Thursday for perjury and mortgage fraud.

Marilyn Mosby has been sentenced to 12 months of home confinement and will be under supervised release for three years.

Marilyn Mosby was found guilty of making false statements regarding her financial situation in order to access her retirement funds early amidst the COVID-19 pandemic. She also deceitfully asserted that her own $5,000 was a gift from her then-husband when she purchased a condominium in Florida.

Mosby, aged 44, has consistently maintained her innocence throughout the trial. She chose not to address U.S. District Judge Lydia Kay Griggsby prior to receiving her sentence. Mosby’s legal team has stated their intention to appeal the verdict and concurrently pursue a presidential pardon.

The judge delivered a somber message to Mosby and her family, expressing his sorrow. Griggsby also acknowledged that it was a disheartening day for the city of Baltimore. He further remarked that Mosby’s time in public office revealed a consistent “pattern of dishonesty.”

In addition, she emphasized that her actions did not involve any misuse of taxpayer funds. Furthermore, she expressed that the thought of being separated from her two young daughters greatly influenced her final decision.

During the argument for a 20-month sentence, Griggsby raised an important question to Assistant U.S. Attorney Sean Delaney. She asked, “Are there any victims and if so, who are they?”

Delaney acknowledged the question, stating, “Your honor, that’s a valid point. I understand that this case does not involve embezzlement.”

According to Delaney, when a public official lies under oath, it not only harms the individual involved but also has negative consequences for the public as a whole. He believes that the act of lying undermines the trust and confidence that citizens have in their elected representatives. Delaney emphasizes that when public officials engage in dishonesty, it ultimately affects all members of society, making them victims of the deception.

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Delaney dismissed allegations made by Mosby’s supporters that she is a target of selective prosecution. She emphasized that she has consistently made false statements regarding the case and the way in which prosecutors have dealt with it.

Delaney accused Marilyn Mosby of being unremorseful and showing no regard for the truth with her lies.

Marilyn Mosby, who is 44 years old, became well-known across the country after she brought charges against the officers involved in the death of Freddie Gray in 2015. This incident triggered riots and protests in the city. Even though three officers were acquitted, Mosby’s office decided to drop charges against the remaining three officers. She served two terms before being indicted and losing her bid for reelection.

According to the judge, James Wyda, one of Mosby’s attorneys, Mosby’s sentencing is heavily influenced by her lack of remorse.

She expressed deep concern about the matter, stating that it posed a significant obstacle to their plea for no prison sentence.

According to Wyda, Mosby stands alone in a category of her own, making her a truly exceptional case.

He emphasized that this is not a public corruption case and clarified that there was no financial loss to any victim.

Wyda, a federal public defender, mentioned that Mosby’s legal team is planning to appeal her conviction and sentence. They will also be seeking a presidential pardon.

He asserted that jail is an unjust punishment for Ms. Mosby, as well as for her family and the community.

Mosby, who has maintained her innocence, chose not to speak to the judge before finding out her sentence.

Benjamin Crump, a civil rights attorney, passionately argued before the judge that it would be a great injustice to imprison Mosby for a victimless and seemingly minor white-collar crime. He emphasized that such an action would only exacerbate the trauma experienced by her two young daughters, adding further pain to their lives.

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During her time in office, Crump boldly challenged the status quo and fearlessly pursued equal justice. She believes that prosecutors who share her commitment often become targets due to their unwavering dedication to fairness and equality.

“The intention behind the prosecution of Marilyn Mosby seems to be sending a chilling message to our progressive prosecutors,” he remarked.

In 2020, during the peak of the pandemic, Mosby made the decision to withdraw $90,000 from Baltimore city’s deferred compensation plan. Surprisingly, instead of using the funds for essential expenses, Mosby chose to use the money as down payments for vacation homes in Kissimmee and Longboat Key, Florida.

Prosecutors claimed that Mosby unlawfully obtained the funds from the Coronavirus Aid, Relief, and Economic Security Act by making false claims about the negative impact of the pandemic on her travel-related business.

According to court documents, Mosby’s legal team argued that the retirement funds were sourced from her personal income, and emphasized that no one suffered any fraudulence as she paid the necessary early withdrawal penalty and federal taxes on the funds. On the other hand, the government maintained that the money still belonged to the city until she met the required eligibility criteria. Moreover, her act of perjury was deemed detrimental to all those who abided by the rules during the challenging times of the coronavirus pandemic.

Mosby was convicted of mortgage fraud due to the submission of a $5,000 “gift letter” when obtaining a loan for the purchase of the Longboat Key property. Prosecutors alleged that the letter falsely claimed that Mosby’s husband was providing a $5,000 gift for the closing, when in reality it was her own money.

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Prosecutors stated that the loan would not have been granted and Ms. Mosby would not have been able to acquire the property if it weren’t for the gift letter. They emphasized the importance of the gift letter by saying, “No gift letter, no loan.”

According to federal prosecutors, they argue that she should be sentenced to prison. They believe that unlike other individuals who have been convicted of white-collar crimes, she has shown no remorse or contrition. Furthermore, they claim that she has attempted to undermine the legitimacy of the case against her.

Prosecutors emphasized that the reason for Ms. Mosby’s charges and conviction was her repeated violation of the law, rather than her political affiliations or policies.

Mosby’s attorneys pleaded with the judge to not send her to prison. They argued that she is the sole public official in Maryland to face prosecution for federal offenses that have no victims, no financial losses, and no use of public funds.

Marilyn Mosby’s lawyers expressed their belief that jail is not a form of justice for their client.

The judge was urged to show leniency by several of Mosby’s supporters, including two of her siblings.

J. Wyndal Gordon, a criminal defense attorney who has known Marilyn Mosby for a decade, emphasized the importance of having her in the community. He highlighted her experience, knowledge, and training, stating that they are valuable assets. Gordon also pointed out that Mosby has been prosecuted for crimes that he believes have no real victim and are unrelated to her public office.

Gordon explained that the reason they were present was due to their dissatisfaction with the previous investigation, which yielded no results.

In her pursuit of justice, Mosby recently submitted a request for a presidential pardon. President Joe Biden received a letter from the Congressional Black Caucus, expressing their unwavering support for her cause.

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