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2mo ago

4th Circuit Vacates Mosby’s Mortgage Fraud Conviction, Affirms Perjury Verdicts

An appeals court found the jury instruction in her Florida mortgage trial was overbroad; the ruling vacated the conviction, reversing the related property forfeiture.

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FILE - Former Baltimore State's Attorney Marilyn Mosby thanks supporters outside court May 23, 2024, in Greenbelt, Md. (Kevin Richardson/The Baltimore Sun via AP, File)
Baltimore, MD-7/27/16- Baltimore State’s Attorney Marilyn Mosby discusses the outcome of the Freddie Gray cases after the charges against the three remaining officers were dropped. Amy Davis Baltimore Sun Staff Photographer – #8823

Overview

  • The appeals court found that venue instructions in Mosby’s mortgage fraud trial should have been limited to Florida, prompting vacatur of her conviction and the related condo forfeiture.
  • Judge Stephanie Thacker wrote the 2-1 majority opinion joined by Judge G. Steven Agee, while Judge Paul Niemeyer dissented partly from the venue ruling.
  • The court upheld two perjury convictions tied to her CARES Act withdrawal certifications and a falsified $5,000 gift letter, concluding the district court made no errors in admitting evidence.
  • Mosby completed a year of home confinement on June 20 and remains subject to 100 hours of community service and three years of supervised release under Judge Lydia Kay Griggsby’s sentence.
  • Advocacy from the NAACP, Congressional Black Caucus and civil rights lawyers failed to persuade President Biden to grant her clemency.