Former Baltimore State's Attorney Marilyn Mosby has seen a mixed bag of legal outcomes. A federal appeals court overturned her mortgage fraud conviction on Friday, but upheld her convictions for perjury, according to court documents. This latest development adds another layer to a case that has been closely followed.
Mosby was initially sentenced in May 2024 to three years of probation and a year of house arrest after being found guilty of perjury in November 2023 and mortgage fraud in February 2024. The appellate court's decision comes shortly after she completed her home detention sentence.
Mortgage Fraud Conviction Overturned
The mortgage fraud conviction stemmed from a 2021 incident where Mosby, while serving as state's attorney, allegedly made a false mortgage application when purchasing a condo in Florida. Evidence presented in court suggested that Mosby claimed to have received a $5,000 gift from her ex-husband, former Baltimore City Council President Nick Mosby, to be used for the property purchase. Prosecutors argued that she included this supposed gift in her application to secure a lower interest rate.
The Department of Justice contended that no such gift was given; instead, Mosby allegedly sent the money to her husband, who then transferred it back to her.
Judge Stephanie Thacker of the Fourth Circuit Court of Appeals stated that the mortgage fraud conviction was overturned because "the district court gave the jury an erroneous venue instruction and because the weight of the evidence did not support the jury's finding."
Last week, Mosby mentioned having to sell one of her Florida homes to cover attorney fees. The fate of the other home was contingent on the appeal decisions.
"The government was attempting to take my house and to take my law license before the appeal was exhausted, and the Supreme Court in Maryland basically said you cannot do that, so it's been a constant struggle and a battle that we won temporarily until this appeal is ultimately decided," Mosby stated.
The district court has since vacated its order related to the overturned conviction.