Greenbelt, Maryland — A former Baltimore City prosecutor who gained national prominence for prosecuting police officers in the death of a Black man was spared prison time Thursday on charges of perjury and mortgage fraud.
Democratic former state’s attorney Marilyn Mosby’s sentence includes 12 months’ home confinement, 100 hours of community service and three years’ probation.
After the sentencing hearing, Mosby was hugged by supporters, some of whom applauded as the judge handed down the sentence.
“I’m so grateful,” Mosby told several dozen supporters outside the courthouse. “It’s not over, but God was here with me today.”
Mosby was convicted of misrepresenting her financial situation in order to withdraw retirement benefits early during the COVID-19 pandemic and of fraudulently claiming that $5,000 she received from her then-husband was a gift when she closed on the purchase of a Florida condominium.
Mosby, 44, maintains her innocence. She declined to speak to U.S. District Judge Lydia Kay Grigsby before hearing her sentence. Her lawyers have said they will appeal her conviction and sentence while seeking a presidential pardon.
It was a sad day for Mosby and his family, the judge told her. “It’s also a sad day for the city of Baltimore,” Judge Grigsby said, adding that Mosby had “a history of dishonest conduct” while in public office.
She also pointed out that her crimes did not involve any taxpayer money and said the prospect of taking Mr Mosby away from his two young daughters “weighed very heavily” on her decision.
Grigsby questioned Assistant U.S. Attorney Sean Delaney as he argued for a 20-month sentence. “Is there a victim and who is it?” she asked.
“That’s a good question, Your Honor,” Judge Delaney replied. “I understand. This is not an embezzlement case.”
Delaney said when public officials lie under oath, it harms the public, saying, “When public officials lie, the entire public is a victim.”
Delaney also denied claims by Mosby’s supporters that he was the victim of selective prosecution, saying he had repeatedly lied about the case and the prosecutor’s response.
“These lies demonstrate Marilyn Mosby’s lack of remorse and her complete lack of respect for the truth,” Delaney said.
Mosby gained national attention in 2015 when she prosecuted police officers in the death of Freddie Gray, sparking riots and protests in the city. After the three officers were acquitted, Mosby’s office dropped charges against three other officers. She ultimately served two terms as state’s attorney but lost reelection after being indicted.
One of Mosby’s lawyers, James Wajda, argued that Mosby “fits into a special category” – a unique case.
“This is not a case of public corruption,” he said. “There was no financial loss to the victim.”
Civil rights attorney Benjamin Crump told the judge that jailing Mosby for a victimless “minor white-collar crime” would be a “grave injustice.”
Crump said she “dared to challenge the status quo” during her tenure and suggested prosecutors like her tend to be targeted for their “pursuit of equal justice.”
“The prosecution of Marilyn Mosby appears designed to send a message of fear to progressive prosecutors in our country,” he said.
In 2020, at the height of the pandemic, Mosby withdrew $90,000 from Baltimore City’s deferred benefits plan to put toward down payments on vacation homes in Kissimmee and Longboat Key, Florida.
Prosecutors alleged that Mosby fraudulently obtained funds under the Coronavirus Aid, Relief, and Economic Security Act by falsely claiming that his travel-related side business was harmed by the pandemic.
In court documents, Mosby’s lawyers argued that she didn’t defraud anyone because the retirement benefits came from her own income and she paid all early withdrawal penalties and federal taxes. The government said the funds were city property until she was legally eligible to receive them and that her perjury harmed everyone who played by the rules during the coronavirus pandemic.
Mosby’s mortgage fraud conviction stemmed from a $5,000 “gift letter” she submitted when taking out a loan to buy a property on Longboat Key. Prosecutors said the letter falsely represented that Mosby’s husband had gifted her $5,000 toward the settlement of the mortgage, when in fact it was her own money.
“Without the gift deed, the loan would never have been provided and Ms. Mosby would never have been able to acquire the property. Without the gift deed, the loan would never have been made,” prosecutors wrote.
Federal prosecutors also said the defendant deserves prison time because, unlike other defendants convicted of white-collar crimes, he has not expressed remorse or contrition and has attempted to deny the validity of the case against him.
“Ms. Mosby was indicted and convicted not because of her politics or policies, but because she chose to repeatedly break the law,” prosecutors wrote.
Mosby’s lawyers asked the judge to release him from prison, saying he is the only public servant in Maryland to be charged with a federal crime “with no victim, no financial loss and no use of public funds.”
“Prison is not justice for Marilyn Mosby,” her lawyers wrote.
Several of Mosby’s supporters, including two of his brothers, urged the judge to show leniency.
“Our community needs Marilyn Mosby. We need her experience, her knowledge and her training,” said J. Windall Gordon, a criminal defense lawyer who has known Mosby for 10 years. He said Mosby was charged with a “real victimless” crime and that it has nothing to do with public office.
“We’re here because the law enforcement agencies were not satisfied that they found nothing when they investigated her,” Gordon said.
Mosby applied for a presidential pardon earlier this month, and in a letter to President Joe Biden, the Congressional Black Caucus expressed support for his request.
