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Fourth Circuit Upholds Mosby’s Perjury Convictions and Vacates Mortgage Fraud Conviction

A 2–1 appeals panel ruled that a flawed venue instruction in the mortgage fraud trial warranted overturning her conviction

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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 4th Circuit issued its ruling in a 2–1 decision with Judges Stephanie D. Thacker and G. Steven Agee in the majority and Judge Paul V. Niemeyer dissenting
  • Judges found the mortgage fraud trial’s jury instruction on venue was improperly broad, leading to the vacating of her conviction and the related forfeiture of her Florida condominium
  • The panel upheld Mosby’s two perjury convictions for falsely claiming COVID-19 hardship under the CARES Act to withdraw about $90,000 in retirement funds
  • Mosby completed a year of home detention on June 20 and remains subject to supervised release and location monitoring as she pursues the return of her passport
  • The convictions arose from two separate District of Maryland trials that found she misrepresented financial hardship and mortgage information in federal court filings