by Daniel Johnson
February 18, 2024
Mosby had been found guilty of two counts of perjury in 2023 after a jury decided that she had lied in order to withdraw $90,000 from a retirement account under a provision allotted by the CARES Act, which she used to purchase a home and a condo.
Marilyn Mosby, the former top prosecutor for the City of Baltimore who found herself on trial for and later convicted of mortgage fraud, had her conviction upheld by U.S. District Judge Lydia Kay Griggsby on Feb. 16. Mosby, as the Baltimore Banner reported, sought to have her case thrown out on the grounds that federal prosecutors had not done enough to establish that Mosby was in the State of Maryland when she allegedly submitted a fraudulent gift letter to her mortgage company.
Griggsby believed that the evidence presented by the prosecution was sufficient to establish that Mosby was in Maryland because she refused to throw out the case and demanded that Mosby turn over her U.S. Passport.
Griggsby said, “The court must deny the defendant’s motion as to venue issue,” before adding that a written opinion would be released at a later date. Before this recent motion, Mosby had been found guilty of two counts of perjury in 2023 after a jury decided that she had lied in order to withdraw $90,000 from a retirement account under a provision allotted by the CARES Act, which she used to purchase a home and a condo.
Assistant Federal Public Defender Maggie Grace, one of Mosby’s attorneys, attempted to argue that the government didn’t establish that her client was in Maryland at the time the letter was submitted, saying that a person can reasonably drive from Maryland to either of the surrounding states or principalities, including Washington, D.C.; Delaware; Pennsylvania; Virginia; or West Virginia. Grace also noted that in this case, credit card or debit card electronic records are not reliable enough to place Mosby in Maryland, saying that “It’s their burden to prove that she was in Maryland. Speculation is not enough to form a basis for venue.”
Assistant U.S. District Attorney Aaron Zelinsky, meanwhile, argued that not only was Mosby most likely in Maryland at the time of the time the letter was submitted, but that the defense’s motion to dismiss the case was “breathtaking in its scope” as well as “unsupported by case law.” Zelinsky continued, saying, “The defendant in this case was the Baltimore state’s attorney. She lived in Baltimore City.”
Zelinsky also said that the presence of an “unbroken string of transactions” in Maryland until Mosby went to Florida to close on the house paints a clear picture that Mosby was in Maryland at the time of the submission of the document to the mortgage company.
Though the judge sided with arguments from the prosecution that Mosby should submit her passport, and ordered her to do so by Feb. 20, Federal Public Defender James Wyda, another of Mosby’s attorneys, said that Mosby had already had an opportunity to abscond and had not done so. “It’s unfathomable to me that Miss Mosby would abscond and abandon her family and her community.”
Outside the courtroom, supporters of Mosby expressed their solidarity, holding signs that conveyed their belief in her innocence and criticizing the government for using taxpayer funds to investigate what they deemed as baseless charges. Others drew parallels between Mosby and historical figures such as Harriet Tubman and Shirley Chisolm, praising her as a trailblazer. As Mosby entered a black Chevrolet Suburban, chants of “Hands off Marilyn Mosby!” echoed through the crowd. Briefly addressing her supporters, Mosby expressed gratitude before departing.
Sentencing in her case is scheduled for May 23.
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