BALTIMORE — The punishment does not fit the crime.
That's essentially Marilyn Mosby's defense in an attempt to keep her $1 million home in Long Boat Key, Florida from being seized by the federal government.
The former Baltimore City State's Attorney was found guilty in separate trials of two counts of perjury and a single count of mortgage fraud.
Prosecutors successfully argued that Mosby withdrew $90,000 from her city Deferred Compensation Plan under false pretenses in order to buy two vacation homes in Florida. She also lied on the home mortgage applications.
Mosby claimed she withdrew the money due to financial hardships during the COVID-19 pandemic, despite receiving her full salary during that period plus a $9,000 raise.
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One driving factor leading to conviction was Mosby's submission of a false $5,000 gift letter from her now ex-husband, Nick Mosby, towards a down payment on the home.
"The Government is seeking forfeiture that would amount to nearly $1,000,000, when the only conduct at issue is a false $5,000 gift letter," Mosby's Public Defender wrote in court documents. "The conduct is non-violent and limited in time and scope: one misrepresentation impacting a fraction of the down payment (10%) and even less of the total purchase price (1%) on a single loan application that has not put the mortgage company at substantial risk of harm. The harm here is minimal, if any. The public was not harmed. No individual was harmed. The Government was not harmed."
Another sticking point at trial was whether Mosby intended to rent out one of the homes. At the time she insisted there were no plans to rent out the property, but prosecutors said that was a lie because she'd already hired a company to manage the property.
But now her lawyers are arguing that forfeiture of the Longboat Key home "would take away not only her sole significant asset, but it would also take away a source of income, which is significant given that her livelihood (her law license) is in jeopardy. Without the home, she will be unable to earn rental income on the property to support herself and her daughters."
Mosby's team also claims she's already forfeited her Kissimmee home.
"While she made a $150,000 profit on that sale, a significant portion of that money went to pay legal bills. With that sale, she also forfeited the ability to earn additional profits on that home. Today, that property is worth an additional $100,000 to 200,000, value Ms. Mosby will never recoup."
Sentencing is scheduled for May 23. Mosby faces up to 40 years behind bars. Prosecutors have called for her to serve 20 months while the defense has asked for no jail and probation.
MORE: Convicted ex Baltimore State's Attorney Marilyn Mosby seeks pardon prior to sentencing
