BALTIMORE — The U.S. Court of Appeals for the 4th Circuit vacated Marilyn Mosby's mortgage fraud conviction, but upheld her perjury convictions on Friday.
The decision ruled that the District Court of Maryland's erroneously instructed the jury on the venue. Also, the evidence presented to the jury was legally insufficient to establish venue.
In 2024, Mosby was found guilty of two counts perjury and one count of making false statements.
Prosecutors successfully argued Mosby withdrew $90,000 from her city Deferred Compensation Plan under false pretenses in order to buy two vacation homes in Florida, while also lying on a home mortgage application.
Judge Lydia Griggsby agreed with the government that Mosby wouldn't have received approval for a mortgage loan had she not submitted a false $5,000 gift letter from her now ex-husband Nick Mosby.
Mosby faced up to 40-years behind bars, with prosecutors requesting 20 months incarceration.
The defense countered by calling for probation and no jail.
In the end Griggsby sided with them, saying Mosby's crime was non-violent, while also raising the fact she's a mother of two young daughters.
Griggsby handed down a sentence of 12 months home confinement, followed by two additional years of supervised release. Mosby was also required to complete community service.
Mosby finished her first year of home detention on June 20.
She served as the city's top prosecutor from 2015 to 2023.
