The U.S. Attorney’s Office in Maryland will not pursue a retrial on a count of mortgage fraud against former Baltimore State’s Attorney Marilyn Mosby after an appeals court threw out her conviction on the charge, according to a new document filed in court this afternoon.

The decision by federal prosecutors means Mosby will be able to keep a Florida vacation home that was at the center of her criminal case.

“The government has determined that it will not re-try Count Four,” Assistant U.S. Attorney Sean Delaney wrote. “Therefore, it moves to dismiss the count with prejudice.”

Mosby’s conviction on perjury charges is not affected by the withdrawal.

The U.S. Supreme Court recently declined to hear her appeal on the perjury charges, in which she was accused of falsely claiming a coronavirus-related financial hardship in order to withdraw money from her city retirement account without incurring a penalty.

Mosby used the $90,000 she withdrew from her retirement account to make down payments on properties in Kissimmee and Longboat Key, Florida.

She later sold the Kissimmee property, but still owns the condo in Longboat Key, which is assessed at $420,700, according to Florida public records.

Judge Gave Wrong Instructions

Mosby had two separate trials, one for the perjury charges and one for the mortgage fraud charges. Jurors found her guilty of two counts of perjury at the first trial and convicted her of one count of mortgage fraud at the second, but acquitted her of another count.

The jury found that Mosby lied when she submitted a “gift letter” in early 2021 claiming that her then-husband, former City Council President Nick Mosby, would send her $5,000 when she closed on the condo.

Instead, the money came from Marilyn Mosby herself: she sent the $5,000 to her husband, and he transferred the money to an escrow agent to be used for the purchase. The gift letter allowed Mosby to lock in a more favorable interest rate rather than waiting on her next paycheck to close on the property.

U.S. District Judge Lydia Kay Griggsby sentenced Mosby in May 2024 to three years of supervised release, with the first year on home detention.

Mosby appealed her conviction, and in July 2025, the 4th U.S. Circuit Court of Appeals reversed Mosby’s mortgage fraud conviction, finding that Griggsby had improperly instructed the jury on venue, or where the crime occurred. The appellate court found that there was no evidence that Mosby had sent the gift letter from Maryland.

The Appeals Court affirmed her perjury convictions, which she then appealed again. The U.S. Supreme Court declined to hear the case earlier this month, and Mosby remains at risk of losing her law license because of the conviction.

Reached by phone Wednesday afternoon, Mosby declined to comment.

• Madeleine O’Neill is a freelance reporter in Baltimore. The Brew’s full coverage of Marilyn and Nick Mosby can be seen here.