Ex-Baltimore prosecutor Marilyn Mosby avoids prison time for perjury and mortgage fraud convictions

A federal judge has sentenced Baltimore’s former top prosecutor Marilyn Mosby to time served and 12 months of home confinement – to be served concurrently with 3 years of supervised release – for mortgage fraud and perjury.

In addition, Mosby was ordered to complete 100 hours of community service, according to the judgment.

Mosby, who gained national prominence for charging six police officers in connection with the 2015 death of Freddie Gray in a police van, was convicted in two trials of making a false mortgage application and perjury.

US prosecutors had asked the court to sentence Mosby, 44, to 20 months in prison, followed by a supervised release, according to a May 9 sentencing memorandum. That sentence, the memo says, would “make clear that those who break the law, including those in positions of public trust, will be held accountable.”

Mosby has claimed she is innocent and the charges against her are politically motivated. Her attorneys argued in a May 16 response she “has been punished enough,” asking for a sentence of time served with one year of supervised release.

US District Court Judge Lydia Griggsby said she took into account that two juries found Mosby did something wrong and “breached a public trust,” according to CNN affiliate WBAL-TV, which had a reporter in court. The judge also said the fact that Mosby is a mother of two weighed heavily on the court, according to the news station.

In addition to Thursday’s sentence, Griggsby ordered Mosby to forfeit 90% of her interests in the Longboat Key, Florida, condo connected to her conviction on making a false mortgage application. A preliminary order filed Thursday authorized the government to seize the property. Once sold, Mosby could receive up to $47,600 plus 10% of the home’s appreciation value.

Mosby walked out of court with her two daughters and alongside a group of supporters, including civil rights attorney Ben Crump, who chanted, “Justice for Marilyn.”

Mosby told the crowd she was “eternally grateful” for all her supporters and advocates.

“This is not over,” she said. “But God was here today and I know he’s with me, he touched the heart of this judge and has allowed me to go home to my babies.”

In a statement sent to CNN after the sentencing, the United States Attorney’s Office for the District of Maryland said, “As always, we respect the judgment of the court.”

Where the convictions stem from

Mosby’s trials, convictions and sentence mark a remarkable undoing for a prosecutor who took office just months before Gray died from spinal injuries suffered while in police custody in the back of a van. Three officers were acquitted, leading Mosby to drop the charges against the rest.

Her sentencing follows Mosby’s conviction on three charges across two trials.

Mosby was first found guilty in November of two counts of perjury after prosecutors accused her of falsely claiming in 2020 she experienced “adverse financial consequences” as a result of the Covid-19 pandemic to withdraw $90,000 in retirement funds. At the time, she earned a gross salary of $247,955.58, the indictment said, and her pay was never reduced.

Mosby then was found guilty in February of making a false mortgage application stemming from the purchase of a Florida condo, the Justice Department said. At trial, prosecutors presented evidence showing Mosby falsely stated she had gotten a $5,000 gift from her husband to be applied to the purchase of the property to get a lower interest rate. In fact, the Justice Department said, Mosby sent her husband $5,000, which he then transferred back to her.

The jury in that trial acquitted Mosby of a second charge of making a false mortgage application stemming from the purchase of another Florida home.

This is a developing story and will be updated.

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