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Federal prosecutors investigating Marilyn and Nick Mosby

Marilyn and Nick Mosby
Posted at 4:27 PM, Mar 19, 2021
and last updated 2021-03-22 14:39:02-04

BALTIMORE — Baltimore City State's Attorney Marilyn Mosby and her husband Baltimore City Council President , Nick Mosby, are under federal investigation, according to multiple reports.

WMAR-2 News reviewed a copy of a subpoena sent to Marilyn Mosby's campaign treasurer, Sharif Small.

In it prosecutors ask for any and all information related to the Mosby's businesses and campaigns dating back to January 2014.

The specific companies listed include Nick Mosby’s firm, Monumental Squared LLC., and Marilyn Mosby’s Mahogany Elite Enterprises LLC., consisting of her Travel and Consulting businesses under the same name.

Robert Dashiell, an attorney for Union Baptist Church in Baltimore, confirmed another federal subpoena was received seeking information on how much the Mosby’s have donated to the church.

Although the Mosby's are not members of that particular church, Dashiell confirmed they have donated small amounts of money in the past.

“I spend more monthly at Starbucks than the Mosby’s gave during the time period,” said Dashiell.

News of the investigation comes weeks after Baltimore City Inspector General, Isabel Mercedes Cumming, released a 79 page report detailing Marilyn Mosby's travel and personal businesses.

The investigation was requested seven months earlier by Mosby herself.

RELATED: City Watch Dog defends report critical of Marilyn Mosby, despite lawyers demands to revise

A major revelation from the report was Mrs. Mosby's failure to report her businesses on a 2019 State financial disclosure form.

It wasn't until about five months later when the form was revised, according to the report.

Although the Inspector General found no evidence of revenue or income related to the companies, the report notes $5,000 in expenses on Mrs. Mosby's 2019 personal tax return

In her written conclusion, Cumming deferred her findings to the Maryland State Ethics Commission saying,"It is not within the purview of the OIG to make a determination as to whether SA Mosby fully complied with the State Public Ethics Law, including the State’s disclosure requirements."

That wasn't all the Inspector General found.

It was discovered that Mosby had traveled out-of-state 24 times throughout 2018 and 2019, causing her to be "physically absent" from the city for 85 days.

According to Cumming, 15 of the trips required approval from the City's Board of Estimates, which Mosby never obtained.

Mrs. Mosby's attorneys argued that approval was not needed since most of the trips were not funded by the city or taxpayer dollars.

The report however claimed the city or taxpayers paid full or partial costs for six of the trips.

City Solicitor Jim Shea later issued a written opinion on the matter, which seemed to raise more questions than answers.

"Neither the City Charter nor the City Code directly address the question posed," wrote Shea.

Mayor Brandon Scott has since formed a committee to examine the city's current travel policy for employees.

READ MORE: Baltimore Mayor taps group to review travel policies for elected officials, amid Mosby fallout

The federal subpoena also asks for tax returns dating back to 2014.

As reported by WMAR-2 News last October, the power couple came under scrutiny when the IRS placed a more than $45,000 lien on their home.

A copy of the lien showed the Mosby's failed to pay federal taxes from 2014 through 2016.

According to the document, they owed $22,828.04 from 2014; $19,145.21 from 2015; and $3,048.75 from 2016.

Nick Mosby at the time said the unpaid taxes were related to a withdrawal made from his retirement savings plan, which he used on "unplanned expenses after a series of family tragedies."

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

Mosby attorney Scott A. Bolden called the federal investigation a "witch hunt," and claimed his clients, "are progressive change agents, making them unfair targets of unnecessary scrutiny by federal investigators." Bolden added the Mosby's "have done nothing illegal, inappropriate or unlawful."

Bolden says the Mosby's plan to "fully cooperate with the investigation," but said he's advised them,"to refrain from making any further comments, on these matters."

In a statement, Bolden also addressed the reports of Marilyn Mosby purchasing more than $1 million in Florida homes since September:

“So what? Ms. Mosby, recently purchased a condo and a second home that she rents out when she is not there. So what?! Mrs. Mosby earns a salary, has savings, a lender and a credit score—all to support her family and she has a legitimate ability to purchase properties and invest her money anyway she chooses. She is no different than anyone else who do, or have done the same. This should not be news, nor does it merit a federal investigation. So what?! “