Mosby Conviction Overturned on One Charge, Perjury Remains

Mosby’s Mortgage Fraud Conviction Overturned, But Perjury Convictions Stand

Baltimore, MD – A notable advancement has emerged in the legal case of former Baltimore State’s Attorney Marilyn mosby, as the Fourth Circuit Court of Appeals has overturned her mortgage fraud conviction. However, her perjury convictions related to her retirement account withdrawals have been upheld.

The mortgage fraud charge stemmed from Mosby’s application for a mortgage, where she declared a $50,000 gift from her ex-husband, former Baltimore City Council President Nick Mosby, which she used towards the purchase of property. Prosecutors alleged she misrepresented this as a gift to secure a lower interest rate. The Department of Justice had previously stated that Mosby did not receive a gift but rather transferred the money to her husband before he returned it to her.

In a divided 2-1 decision, Fourth Circuit Court of Appeals Judge Stephanie Thacker ruled that Mosby’s mortgage fraud conviction should be vacated. The court cited two primary reasons: an erroneous venue instruction given to the jury by the district court and insufficient evidence to support the jury’s finding.

This decision has immediate implications for Mosby’s assets. Under Friday’s ruling,the district court has vacated its order for her to forfeit a home. Judge Thacker deemed the forfeiture order “not authorized by statute and was unconstitutionally excessive.”

Mosby herself recently spoke about the financial strain of her legal battles, telling WJZ that she had to sell one of her Florida homes to cover attorney fees. The status of her second Florida property was pending the appeal decisions. She emphasized the ongoing struggle, stating, “The government was attempting to take my house and to take my law license before the appeal was exhausted.”

Despite the win on the mortgage fraud charge, the court affirmed Mosby’s guilt on two counts of perjury. These convictions are linked to allegations that she falsely claimed business losses due to COVID-19 to withdraw funds from her retirement account. Court records indicate that Mosby used these withdrawn funds to purchase her vacation homes in Florida.

In her opinion on the perjury convictions, Judge Thacker noted that the conviction should have been vacated due to the “fundamentally ambiguous” nature of the document upon which it was based, and the district court’s erroneous admission of evidence regarding her use of the funds obtained through the alleged perjury. A separate opinion was written by Judge Niemeyer,the contents of which WJZ has not yet obtained.Mosby’s attorneys were contacted for comment.

What specific evidence led the appeals court to overturn the false statements charge, and why was it deemed insufficient?

Federal Fraud and Perjury Case: A breakdown of the Ruling

Former Baltimore State’s Attorney Marilyn Mosby‘s legal saga continues, with a significant development announced on July 12, 2025. A federal appeals court overturned her conviction on one count of making false statements on a loan application, while upholding her conviction on two counts of perjury.This ruling impacts the ongoing legal battle and raises questions about the future of the case. The core of the matter revolves around allegations of financial misconduct and dishonesty related to loans mosby obtained.

The Overturned Charge: False Statements & Loan Applications

The charge that was overturned centered on Mosby’s alleged misrepresentation of her financial situation when applying for a mortgage. The appeals court found that the prosecution failed to prove mosby knowingly made false statements with the intent to defraud the lender.

Here’s a closer look at the specifics:

The Loan: Mosby secured loans to purchase properties in Florida.

The allegation: Prosecutors argued she didn’t disclose a conflict of interest – her position as State’s Attorney and the potential benefit to her husband’s business.

The Ruling: The court determined the evidence presented wasn’t sufficient to demonstrate Mosby understood she was required to disclose this information on the loan application. This hinges on the legal definition of “knowingly” in fraud cases.

Key Term: Material Misrepresentation – A false statement that influences a lender’s decision. The court found the prosecution didn’t establish this element.

Perjury Convictions Upheld: What This Means

Despite the overturned charge, Mosby remains convicted on two counts of perjury. These convictions stem from her testimony during a hearing related to a campaign finance issue.

The Perjury Charges: Relate to Mosby’s statements about receiving a gift to pay for her husband’s legal fees.

The Court’s Reasoning: The appeals court found sufficient evidence to support the jury’s conclusion that Mosby knowingly made false statements under oath.

Potential Sentencing Implications: The perjury convictions carry significant penalties, including potential imprisonment. The sentencing phase will now proceed, focusing on these remaining charges.

Related Search: Federal perjury laws and penalties for perjury.

Timeline of Events: From Inquiry to Appeal

Understanding the sequence of events provides crucial context:

1. 2019: Federal investigation begins into Mosby’s finances.
2. 2022: Mosby indicted on federal fraud and perjury charges.
3. 2023: Trial commences; Mosby convicted on all counts.
4. 2024: sentencing delayed pending appeal.
5. july 12, 2025: Appeals court overturns one conviction, upholds two perjury convictions.

Impact on Mosby’s Legal Future & Potential Sentencing

The overturned conviction offers Mosby a small measure of relief, but the remaining perjury convictions are substantial. Her legal team will likely focus on mitigating factors during sentencing.

Sentencing Guidelines: Federal sentencing guidelines will be a key factor in determining the length of any potential prison sentence.

Mitigating Factors: Mosby’s attorneys may argue for leniency based on her public service record and the impact of a conviction on her family.

Further Appeals: Mosby could potentially appeal the perjury convictions, but the appeals court has already signaled its support for those findings.

Related Term: Federal sentencing guidelines and appeal process.

The Broader Implications: Public Corruption & Political Fallout

This case has garnered significant attention due to Mosby’s high profile and the allegations of public corruption. The outcome has implications beyond Mosby herself.

Public Trust: The case has eroded public trust in elected officials and the criminal justice system.

Political Ramifications: the scandal has had a significant impact on Baltimore’s political landscape.

Scrutiny of Financial Disclosures: The case highlights the importance of accurate and clear financial disclosures by public officials.

Related Search: Baltimore City State’s Attorney and political corruption cases.

Key Players in the Case

Marilyn Mosby: Former Baltimore State’s Attorney.

The Prosecution: led by the U.S. Attorney’s Office for the District of Maryland.

The Defense: Mosby’s legal team, arguing for her innocence and challenging the prosecution’s evidence.

The appeals Court: The Fourth Circuit Court of Appeals, which issued the ruling on July 12, 2025.