BALTIMORE — A superseding indictment has been filed against Baltimore City State's Attorney Marilyn Mosby.
A superseding indictment takes the place of the previously active one.
According to the new indictment, Mosby emailed a "City of Baltimore Retirement Savings and Deferred Compensation Plans 457(b) Coranavirus-Related Distribution Request" in May 2020, to Nationwide, the financial services firm that managed Mosby's City of Baltimore Deferred Compensation Plan account.
With this form, Mosby allegedly requested a one-time withdrawal of $40,000 from her city retirement account.
The indictment states that Mosby falsely certified the following information on the form, which stated she had "experienced adverse financial consequences stemming from the virus or disease as a result of:
- being quarantined, furloughed or laid off
- having reduced work hours
- being unable to work due to lack of child care
- the closing or reduction of hours of a business i own or operate.
The indictment continues, stating that Mosby's gross salary for 2020 was $247,955.58 and was never reduced and than rather than experiencing a reduction in income in 2020, her gross salary in 2020 increased over her salary in 2019, which was $238,772.04.
On May 29, 2020, Mosby received an electronic transfer of $36,000 which the indictment says was used toward a down payment for a vacation home in Kissimmee, Florida that she purchased in September 2020.
Count two further addressed Mosby's federal tax debt and the Kissimmee Vacation home.
They charge that from around July 2020 to September 2020, Mosby knowingly made false statements or reports for the purpose of influencing in any way the action of Cardinal Financial Company, a mortgage lending business.
According to the indictment, Mosby certified the only liabilities she owed were those disclosed in the application, when in fact she knew she owed significant amounts in federal taxes, and that she was not presently delinquent "or in default on any Federal debt" when they say she was "delinquent in paying her federal taxes resulting in the IRS filing a $45,022 lien against her in March 2020.
They say she agreed that she would not give a management firm or any other person or entity control over the occupancy or use of the vacation home.
Further, the indictment charges that Mosby submitted a second COVID distribution request in December 2020, and requested a withdrawal of $50,000 from her retirement account. She then falsely certified the same information on the form as listed above.
Count four details the charge of a false statement on a loan application and states that she drafted a letter to be submitted by her loan broker to the mortgage company in December 2020.
They state that she falsely represented that she'd spent the past "70 days" living in Florida working remotely when she was not. They also state that from around January 2021 to February 2021, Mosby "knowingly made a false statement or report for the purpose of influencing the action of United Wholesale Mortgage."
The full indictment released today can be read below:
Mosby's attorney, A. Scott Bolden issued a statement in regards to the new indictment:
“This superseding indictment, with no additional charges, again proves the obsession, the political and personal ill will and animus of this particular prosecutor, who has not only donated to Marilyn Mosby’s political opponents, but has has violated DOJ ethical standards to publicly shame my client three months from her election. The government is literally scrapping “the bottom of the barrel” when federal dollars are being spent to investigate money transferred between a husband and wife. It is shameful conduct and DOJ should be reigning in this vindictive prosecutor, prior to any indictment, and now, while we are awaiting trial."
