Former Baltimore Prosecutor Marilyn Mosby Spared Prison Time for Perjury and Mortgage Fraud

GREENBELT, Md. (AP) — Marilyn Mosby, a former Baltimore city prosecutor who gained national prominence for charging police officers in the death of Freddie Gray, was spared prison time in her sentencing on Thursday for perjury and mortgage fraud. Mosby's sentence includes 12 months of home confinement, 100 hours of community service, and three years of supervised release.

After the sentencing hearing, Mosby hugged her supporters, some of whom applauded when U.S. District Judge Lydia Kay Griggsby announced the sentence. "I'm just so incredibly grateful," Mosby told dozens of supporters outside the courthouse. "This is not over, but God was here today."

Mosby, 44, was convicted of lying about her finances to make early withdrawals from retirement funds during the COVID-19 pandemic and fraudulently claiming that her own $5,000 was a gift from her then-husband to close on a Florida condominium. She has maintained her innocence and declined to address the judge before learning her sentence. Her lawyers plan to appeal her conviction and sentence while seeking a presidential pardon.

Judge Griggsby acknowledged that it was a sad day for Mosby and her family, as well as for the city of Baltimore. She cited Mosby's "pattern of dishonesty" while serving in public office but noted that her crimes did not involve taxpayer money. The judge also expressed concern about the potential impact on Mosby's two young daughters, which influenced her decision to avoid a prison sentence.

Assistant U.S. Attorney Sean Delaney argued for a 20-month prison sentence, stating that public officials lying under oath harm the public: "All citizens are victims when their public officials lie," he said. Delaney also countered claims by Mosby’s supporters that she was a victim of selective prosecution and emphasized her lack of remorse and repeated dishonesty.

Mosby gained national attention when she charged officers in the 2015 death of Freddie Gray, which led to riots and protests in Baltimore. After three officers were acquitted, Mosby’s office dropped charges against the other three officers. She served two terms as state’s attorney before being indicted and losing reelection.

James Wyda, one of Mosby's attorneys, argued that her case was unique and did not involve public corruption. "There was no financial loss to any victim," he said. Civil rights attorney Benjamin Crump supported this argument, describing Mosby's prosecution for a "victimless, minor white-collar crime" as a "grave injustice."

In 2020, at the height of the pandemic, Mosby withdrew $90,000 from Baltimore city's deferred compensation plan to make down payments on vacation homes in Kissimmee and Longboat Key, Florida. Prosecutors argued that she improperly accessed the funds under provisions of the Coronavirus Aid, Relief, and Economic Security Act by falsely claiming that the pandemic had harmed her travel-oriented side business.

Mosby's mortgage fraud conviction stemmed from a $5,000 "gift letter" she submitted when taking a loan to buy the Longboat Key property. Prosecutors said the letter falsely stated that Mosby’s husband was giving her a $5,000 gift for the closing when it was actually her own money. "Without the gift letter, the loan would never have been provided and Ms. Mosby would not have obtained the property. No gift letter, no loan," prosecutors wrote.

Federal prosecutors emphasized that Mosby’s lack of remorse and efforts to delegitimize the case warranted a prison sentence. "Ms. Mosby was charged and convicted because she chose to repeatedly break the law, not because of her politics or policies," prosecutors stated.

Several of Mosby’s supporters, including her siblings, urged the judge to show leniency. "We need Marilyn Mosby in our community. We need her experience, her knowledge, her training," said J. Wyndal Gordon, a criminal defense attorney who has known Mosby for a decade. He argued that Mosby was prosecuted for crimes with "no real victim" and unrelated to her public office.

"We’re here because they weren’t satisfied that they found nothing when they investigated her," Gordon said.

Mosby's case highlights the complexities of prosecuting public officials and the broader implications of such prosecutions on community trust and the legal system. As her legal team prepares to appeal, the case will continue to draw attention and debate over the appropriate balance of accountability and leniency for public figures.