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Marilyn and Nick Mosby

The Dripby Fern Shen3:58 pmJan 16, 20260

Appeals court won’t redo hearings in Marilyn Mosby fraud and perjury cases

The order leaves intact the court’s July decision to uphold the two perjury charges against the former Baltimore State’s Attorney and throw out her mortgage fraud conviction

Above: Marilyn Mosby and her attorney leave federal court in Baltimore after a 2022 pre-trial hearing. (Fern Shen)

The 4th U.S. Circuit Court of Appeals has rejected bids by former Baltimore State’s Attorney Marilyn Mosby and federal prosecutors for redo hearings in her perjury and mortgage fraud cases.

Mosby had sought a rehearing on her two perjury convictions. And federal prosecutors had requested a rehearing in her mortgage fraud case, a felony conviction the court threw out in July.

In an order handed down yesterday, the court rejected both petitions.

Last year, a three-judge panel ruled 2-1 to overturn Mosby’s mortgage fraud conviction, but upheld the guilty verdicts for two counts of perjury.

The jury in the mortgage fraud case had found that Mosby falsely claimed that her husband at the time, then-City Council President Nick Mosby, had agreed to “gift” her $5,000 at closing to purchase a Florida condominium.

The appeals court panel agreed with Mosby’s lawyers that the jury instructions regarding the proper venue for the case were “erroneously overbroad.”

In a separate perjury case, Mosby was convicted of falsely claiming that she experienced a Covid-19 pandemic-related hardship in order to withdraw retirement funds without penalties.

Her salary at the time as the city’s top prosecutor was nearly $250,000. Mosby used the money to purchase two Florida vacation properties.

After serving the sentence she received from U.S. District Court Judge Lydia Kay Griggsby, three years of supervised release with 12 months of home detention with electronic monitoring, Mosby sought a re-hearing by the full court.

The petitions from both parties were circulated to the full court, but no judge requested a poll be taken to consider the requests.

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