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Baltimore City State's Attorney Marilyn Mosby federally indicted on perjury charges

Posted at 4:19 PM, Jan 13, 2022
and last updated 2022-01-14 06:19:56-05

BALTIMORE — Baltimore City State's Attorney Marilyn Mosby has been federally indicted on charges of perjury and making false mortgage applications, relating to the purchases of two vacation homes in Florida.

According to the four-count indictment, in May 2020 and December 2020, Mosby submitted “457(b) Coronavirus-Related Distribution Requests” for one-time withdrawals of $40,000 and $50,000, respectively, from City of Baltimore’s Deferred Compensation Plans.

In each request, the indictment alleges that she falsely certified that she met at least one of the qualifications as defined under the CARES Act.

These qualifications included: adverse financial consequences from the Coronavirus as a result of being quarantined, furloughed, or laid off; having reduced work hours; being unable to work due to lack of childcare; or the closing or reduction of hours of a business she owned or operated.

In signing these forms, Mosby “affirm[ed] under penalties for perjury the statements and acknowledgments made in this request.”

The indictment continues, alleging that Mosby did not experience any such financial hardships and in fact, received her full gross salary of $247,955.58 from January 1, 2020 through December 29, 2020, in bi-weekly gross pay direct deposits of $9,183.54.

Further, the indictment alleges that in July 2020 and September 2020, as well as on January 2021 and February 2021, Mosby made false statements in applications for a $490,500 mortgage to purchase a home in Kissimmee, Florida and for a $428,400 mortgage to purchase a condominium in Long Boat Key, Florida.

Mosby was required to disclose her liabilities on both applications, but did not disclose that she had unpaid federal taxes from previous years and that in March 2020, the IRS had placed a lien against all property and rights to property belonging to her and her husband.

This was in the amount of $45,022, the amount of unpaid taxes she and her husband owed the IRS.

RELATED: IRS files $45,000 lien against Nick and Marilyn Mosby for unpaid taxes; Nick Mosby responds

RELATED: Federal prosecutors investigating Marilyn and Nick Mosby

In each application, she responded “no” to the question, “Are you presently delinquent or in default on any Federal debt or any other loan, mortgage, financial obligation, bond, or loan guarantee."

Lastly, according to the indictment, one week prior to closing on the Kissimmee home, Mosby executed an agreement with a vacation home management company giving them control over the rental of the property she ultimately purchased in Kissimmee.

In September 2020, Mosby signed a “second home rider”, which the indictment alleges, by "falsely executing" this, Mosby could obtain a lower interest rate on the mortgage for the property than she would have received without it.

If convicted, Mosby faces a maximum sentence of five years in federal prison for each of two counts of perjury and a maximum of 30 years for each of two counts of making false mortgage applications.

An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

U.S. v. Mosby, Cr. No. LKG-7-22_docketed Indictment by Jeff Herman on Scribd

Mosby's Attorney has released a statement on the indictment:

"Today, I received a copy of an indictment of Marilyn Mosby, the Baltimore State’s Attorney. Marilyn Mosby is innocent, has been innocent, and we look forward to defending her in the court of law, and presenting evidence of her innocence to a jury of her peers. We will fight these charges vigorously, and I remain confident that once all the evidence is presented, that she will prevail against these bogus charges—charges that are rooted in personal, political and racial animus five months from her election.

Moreover, the indictment is more telling for what is not in the indictment, rather than what is in there. Two (2) counts of perjury and two (2) counts of false statements in connection to her borrowing from her own 401k and her borrowing to purchase her home(s) is a far cry from criminal tax evasion and tax related charges that were at the heart of this federal investigation. More importantly, Ms. Mosby has never lied or made a false statement in connection the allegations contained in the charging document.

To be sure, had the U.S. Attorney’s Office for Maryland, agreed to meet with us, we may not be where we are today. However, they refused our numerous requests, refused to inform us as to whether evidence of Ms. Mosby’s innocence that we provided to them, was ever was presented to the grand jury, nor would the office engage us in any discussion whatsoever, prior to the filing of this indictment. In fact, DOJ’s Criminal Tax Division and the U.S. Attorney for Maryland, went completely dark, as they conspired to wrongfully indict my client on non-tax related charges. You would only conduct a criminal investigation in that manner, if you were not interested in the truth or exculpatory evidence or justice, but rather only concerned with obtaining an indictment and bringing false charges against my client—at all or any costs.

Today, we have the indictment, which are mere allegations. Tomorrow, we will fight vigorously for the truth, justice and I believe Ms. Mosby’s innocence will prevail.”

Statement from SAO Spokeswoman Zy Richardson:

"State's Attorney Mosby and the office remain completely focused and wholly committed to serving the citizens of our city. Our leadership and our frontline prosecutors are some of the best in the world and we will not be distracted or sidetracked from our mission to make Baltimore a safer community."

Calvin Harris, Director of the Mayor’s Office of Communications also released a statement:

"With so much at stake, Mayor Scott will continue to champion transparency and accountability to maintain trust in City Hall and prove that local government can operate in the best interests of Baltimoreans. Mayor Scott will not allow these charges to distract his administration from addressing Baltimore’s most pressing needs and paving a new way for our city. The mayor remains committed to the mission of building safer neighborhoods, creating jobs, and leading Baltimore’s ongoing COVID-19 recovery efforts.”