Former Prosecutor Marilyn Mosby Avoids Prison in Perjury and Mortgage Fraud Case

Marilyn Mosby, the former Baltimore City prosecutor who garnered national attention for charging police officers in the death of Freddie Gray, was sentenced on Thursday for perjury and mortgage fraud. Instead of prison, Mosby received 12 months of home confinement, 100 hours of community service, and three years of supervised release

The Sentencing

Mosby’s sentencing took place amidst a crowd of supporters, some of whom cheered when U.S. District Judge Lydia Kay Griggsby announced the decision. "I’m just so incredibly grateful," Mosby expressed to her supporters outside the courthouse. "This is not over, but God was here today."

The Charges

Mosby was convicted of lying about her finances to withdraw funds from her retirement account during the COVID-19 pandemic. She also falsely claimed that $5,000 of her own money was a gift from her then-husband to close on a Florida condominium. Despite the convictions, Mosby has maintained her innocence. Her lawyers have stated their intention to appeal the conviction and sentence, and they are also seeking a presidential pardon.

Judge's Remarks

Judge Griggsby described the day as sad not only for Mosby and her family but also for the city of Baltimore. She noted a “pattern of dishonesty” in Mosby’s actions but also took into account that Mosby's crimes did not involve taxpayer money. The judge highlighted the impact of separating Mosby from her two young daughters, which heavily influenced her sentencing decision.

Prosecution's Argument

Assistant U.S. Attorney Sean Delaney had pushed for a 20-month prison sentence. He argued that public trust is undermined when officials lie under oath, stating, "All citizens are victims when their public officials lie." However, Griggsby questioned the nature of the victims in this case, given it wasn’t an embezzlement scenario.

National Attention and Career Background

Marilyn Mosby rose to national prominence in 2015 when she charged officers in the death of Freddie Gray, an incident that sparked riots and protests in Baltimore. After three officers were acquitted, her office dropped the charges against the remaining officers. Mosby served two terms as state’s attorney before being indicted and subsequently losing her re-election bid.

Defense’s Case

James Wyda, Mosby’s attorney, argued that her case was unique and did not involve public corruption or financial loss to any victim. Civil rights attorney Benjamin Crump supported Mosby, calling the potential imprisonment for a “victimless, minor white-collar crime” a “grave injustice.” He suggested that Mosby was targeted for challenging the status quo.

The Fraud Details

In 2020, during the height of the pandemic, Mosby withdrew $90,000 from Baltimore City’s deferred compensation plan, which she used to make down payments on vacation homes in Florida. Prosecutors argued that Mosby improperly accessed these funds by falsely claiming her travel-oriented side business was affected by the pandemic.

Additionally, Mosby’s mortgage fraud conviction stemmed from a $5,000 “gift letter” she submitted when taking a loan for the Longboat Key property. Prosecutors said the letter falsely stated the money was a gift from her husband, when it was actually her own. Without this letter, the loan would not have been granted.

Community Support

Mosby’s attorneys and several supporters, including two of her siblings, urged the judge to avoid prison time. J. Wyndal Gordon, a criminal defense attorney, emphasized Mosby’s value to the community, stating, “We need Marilyn Mosby in our community. We need her experience, her knowledge, her training.” He and others argued that the charges were unrelated to her public office and had no real victims.

Seeking a Presidential Pardon

Earlier this month, Mosby applied for a presidential pardon. The Congressional Black Caucus has expressed support for her, sending a letter to President Joe Biden advocating for her cause.

Conclusion

The case of Marilyn Mosby highlights the complexities and controversies surrounding public officials and legal accountability. As her legal team continues to fight the conviction and seek a presidential pardon, Mosby remains a polarizing figure in the intersection of law, politics, and social justice.