Tuesday, February 6, 2024

Mosby Guilty On One Count Of Lying For Fla. Mortgage - Mr. Mark Smith, LL.M., CLDP

A federal jury in Maryland on Tuesday found former Baltimore State's Attorney Marilyn Mosby guilty of lying on mortgage applications for one of her two Florida vacation homes, but not guilty on the application for the other home. After a more than two-week trial in Greenbelt, Maryland, the jurors convicted Mosby of making a false mortgage application, ruling after a day of deliberations that Mosby lied about receiving a $5,000 gift from her husband as she closed on a condominium in Longboat Key, Fla., according to the U.S. Attorney's Office for the District of Maryland. The jury, however, acquitted her on similar charges related to the purchase of an eight-bedroom house in Kissimmee. The split verdict is a second conviction for Mosby, Baltimore's top prosecutor from 2015 to 2023. In November, a separate federal jury convicted her of two counts of perjury in connection with her withdrawal of thousands of dollars from her city retirement account under a federal law designed to help people suffering amid the COVID-19 pandemic. Mosby is facing up to 30 years for the mortgage fraud conviction, and the perjury counts from the November trial each carry a maximum of five years' incarceration. Still, actual federal sentences are usually less than the maximum. U.S. Attorney Erek L. Barron, whose Maryland office prosecuted the case, said in a statement following the verdict Tuesday: "We humbly respect the court's considered rulings, opposing counsels' zealous advocacy, and the wisdom of both jury verdicts in this case and we remain focused on our mission to uphold the rule of law." Local media reports say Mosby did not comment as she left court. During Mosby's latest trial, federal prosecutors vied to prove that Mosby spun a web of lies — about her federal tax debts, rental intentions and the $5,000 gift — as she purchased two homes in Florida with the retirement funds that she withdrew. Mosby's lawyers contended that Mosby was a first-time homebuyer and real estate rookie who leaned on professionals throughout the home purchase processes. Evidently, jurors were pushed toward conviction by the so-called gift letter that Mosby sent to her mortgage company in February 2021. In it, she said she had received a $5,000 gift from her then-husband and Baltimore City Council President Nick Mosby. Marilyn Mosby had the money and needed it to lock in a lower interest rate on the Longboat condo, but the funds were tied up in a custodial account that she shared with her daughter and the lender wouldn't accept. So, prosecutors said, Mosby wired the $5,000 to her husband, and he sent the money to an escrow agent. Marilyn Mosby testified that she wired the money because she was not confident that her husband could come up with the cash by closing. Assistant U.S. Attorney Sean Delaney, on the other hand, said during closing statements Monday that the gift letter is a smoking gun. "On the gift letter, it's open and shut," he told jurors. Although jurors hung their hats on the letter, opening and closing statements focused heavily on the $64,000 in back taxes that Nick and Marilyn Mosby racked up in tax years 2014 and 2015. Mosby still owed thousands of dollars to the Internal Revenue Service when she applied for mortgages on the vacation homes in 2020 and 2021, prosecutors said, but she indicated that she was not in default or delinquent on any federal debt. Mosby's legal team, meanwhile, insisted that Mosby was unaware of the lingering debt because her now ex-husband lied to her for years about paying it off. The couple divorced last year, and both Marilyn and Nick Mosby testified at trial. Prosecutors also accused Mosby of signing a contract that promised to maintain exclusive control over the Kissimmee property despite having already given control to a vacation rental company. In addition, prosecutors said Mosby sent a letter to her mortgage company falsely stating that she had lived in the Kissimmee property for the past 70 days. The government is represented by Sean R. Delaney and Aaron S.J. Zelinsky of the U.S. Attorney's Office for the District of Maryland. Marilyn Mosby is represented by James Wyda, Maggie Grace, Sedira Banan and Cullen Macbeth of the Office of the Federal Public Defender. The case is U.S. v. Marilyn Mosby, case number 1:22-cr-00007, in the U.S. District Court for the District of Maryland. Mr. Mark Smith, LL.M. Certified Legal Documents Preparer (800) 590-6698 (Telephone) cldp@mail.com (E-Mail) https://cldpmarcsmith.com (Website) American Bar Association No.: 6036858 Please feel free to reach out via social media as well: https://www.instagram.com/marksmithcldp/ https://www.facebook.com/groups/marksmithcldp https://medium.com/@cldpmarksmith https://twitter.com/cldpmarksmith https://mrmarksmithllmcp.quora.com/ https://www.youtube.com/@cldpmarksmith https://www.pinterest.com/cldpmarksmith/ https://www.facebook.com/certifiedlegaldocumentspreparermarksmith

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