July 12, 2025
Mosby is free of her mortgage fraud conviction. Jurors were given instructions that crossed the line.
A federal appeals court overturned the mortgage fraud conviction of ex-Baltimore State’s Attorney Marilyn Mosby.
In a 2–1 decision, the 4th U.S. Circuit Court of Appeals, found that the jury was given “overbroad” instructions on venue. The instructions allowed jurors to avoid the jurisdiction of the crime. Instead, the instructions allowed convictions based on predatory actions in Maryland, the Associated Press reported.
As a result, the court also voided the forfeiture order on her Longboat Key condominium.
The 4th Circuit also upheld two prior convictions of perjury that were tied to the purchase of Florida properties.
Mosby was convicted of lying by claiming financial hardship in 2020. The state’s attorney used the claim to withdraw $90,000 from her retirement accounts. Furthermore, she submitted a false $5,000 gift letter to secure better mortgage terms on the Florida property. The court determined that the evidence supporting those convictions was correctly handled at trial.
Mosby’s sentence, issued May 2024, included 12 months of home confinement, 100 hours of community service and three years of supervised release. She completed the confinement portion of her sentence June 2025.
Attorneys for Mosby argued against jail time for a non-violent offense. They further argued Mosby’s actions had no direct impact on public funds, nor did it cause harm to any individual.
Judge Stephanie Thacker, writing for the majority, stated the venue instructions incorrectly allowed the crime’s location to be inferred from preliminary acts.
“As a result of our decision to vacate the mortgage fraud conviction, the forfeiture order related to Appellant’s Longboat Key Condo, which was obtained as the fruit of the alleged mortgage fraud, is also vacated,” Judge Thacker wrote.
Judge Niemeyer wrote the dissent, asserting sufficient evidence showed Mosby had prepared and transmitted the false document from Maryland, Baltimore Brew reported.
“Mosby did not prepare the false gift letter in Maryland and then carry it to Florida to present it,” Niemeyer continued. “Rather, she both prepared it in Maryland and uploaded it in Maryland to the Internet for the purpose of influencing the mortgage lending business outside of Maryland.”
Mosby, who prosecuted the officers in Freddie Gray’s death in 2015 and served as Baltimore’s top prosecutor until 2023. She has maintained her innocence and sought a presidential pardon, which was not granted.
Her legal team plans to continue appealing the remaining convictions.
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