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| © WBAL - Marilyn Mosby |
Published: Thursday
By: WBAL TV Baltimore
Baltimore City State's Attorney Marilyn Mosby has been indicted by a federal grand jury on charges of perjury related to a COVID-19 financial hardship withdrawal and a false statement on a loan application.
A federal grand jury returned the indictment Thursday charging Mosby on federal charges of perjury and making false mortgage applications, relating to the 2020 purchases of two vacation homes in Florida.
Claims of financial hardship due to COVID-19
According to the four-count indictment, Mosby claimed to have experienced financial hardship due to the COVID-19 pandemic in order to withdraw from the city's Deferred Compensation Plan on two separate occasions, receiving $40,000 and $50,000.
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But documents show she continued to receive her full salary during the pandemic, which was a gross salary in 2020 of $247,955.58 and it was never reduced: "Rather than experiencing a reduction in income in 2020, Mosby's gross salary in 2020 increased over her gross salary in 2019, which was $238,772.04," the indictment states.
The indictment alleges Mosby falsely certified that she met at least one of the qualifications for a distribution as defined under the CARES Act, specifically, that she experienced adverse financial consequences stemming from the coronavirus as a result of "being quarantined, furloughed or laid off" or "having reduced work hours" or "being unable to work due to lack of child care or "the closing or reduction of hours of a business I own or operate."
In signing the forms, Mosby "affirm(ed) under penalties for perjury the statements and acknowledgments made in this request."
Allegations of false statements on mortgage applications
The indictment also alleges Mosby made false statements on applications for a loan to buy a $490,500 home in Kissimmee, Florida, and for a $428,400 mortgage to purchase a condominium in Long Boat Key, Florida, by not disclosing her federal tax liabilities.
She had unpaid taxes from several years, and in March 2020, the Internal Revenue Service placed a lien against her property.
The indictment alleges that by falsely executing a "second home rider," Mosby could obtain a lower interest rate on the mortgage for the Kissimmee property than she would have received without it.
Legal analysis: Charges, while serious, are just allegations at this point
David Jaros, a University of Baltimore law professor and faculty director of the Center for Criminal Justice Reform, said the charges are serious, but at this point, they're just allegations.
"This is a case that involves a public official committing fraud, but it's not a case of a public official, for example, stealing state resources," Jaros said. "My first thought was that this is a paper trail crime. This is a crime that involves documents. So, this is a harder one to defend against in many ways."
Jaros said its largely a political decision whether she stays in office since these are just allegations at this point, but he wonders if there's another shoe about to drop.
"These are charges that grew, at least what you read in the media, out of an investigation that involved other things. There were subpoenas to find out about donations to charities and things like that. So, I think there's some part of Baltimore that are wondering if other indictments are on their way," Jaros said.
What's next for the Baltimore City State's Attorney's Office?
Mosby does not have to step down from her office while the case plays out, but the process to remove her can get complicated.
"She can be removed from her position if the attorney general files a petition and two thirds of the Senate vote to remove her. Otherwise, this is a political question about whether she wants to continue in the position. Whether or not she'll choose to step down will be a question about whether or not she thinks she can continue to do the job," Jaros said.
If she were to be removed, District and Circuit court judges would have to vote on her replacement.
The federal charges come just weeks before the filing deadline for the June primary for the state's attorney's office. No one has officially filed for candidacy just yet. Mosby has been fundraising but has not formally filed for re-election.
Baltimore City State's Attorney's Office responds
Baltimore City State's Attorney's Office spokeswoman Zy Richardson sent a statement to 11 News, saying: "State's Attorney Mosby and the office remain completely focused and wholly committed to serving the citizens of our city. Our leadership and our frontline prosecutors are some of the best in the world and we will not be distracted or sidetracked from our mission to make Baltimore a safer community."
Mosby attorney calls charges bogus: 'We will fight vigorously for the truth, justice'
Mosby attorney A. Scott Bolden sent a statement to 11 News, saying: "Today, I received a copy of an indictment of Marilyn Mosby, the Baltimore state's attorney. Marilyn Mosby is innocent, has been innocent, and we look forward to defending her in the court of law, and presenting evidence of her innocence to a jury of her peers. We will fight these charges vigorously, and I remain confident that once all the evidence is presented, that she will prevail against these bogus charges -- charges that are rooted in personal, political and racial animus five months from her election.
"Moreover, the indictment is more telling for what is not in the indictment, rather than what is in there. Two counts of perjury and two counts of false statements in connection to her borrowing from her own 401(k) and her borrowing to purchase her home(s) is a far cry from criminal tax evasion and tax related charges that were at the heart of this federal investigation. More importantly, Ms. Mosby has never lied or made a false statement in connection the allegations contained in the charging document.
"To be sure, had the U.S. Attorney's Office for Maryland, agreed to meet with us, we may not be where we are today. However, they refused our numerous requests, refused to inform us as to whether evidence of Ms. Mosby's innocence that we provided to them, was ever was presented to the grand jury, nor would the office engage us in any discussion whatsoever, prior to the filing of this indictment. In fact, DOJ's Criminal Tax Division and the U.S. Attorney for Maryland, went completely dark, as they conspired to wrongfully indict my client on non-tax related charges. You would only conduct a criminal investigation in that manner, if you were not interested in the truth or exculpatory evidence or justice, but rather only concerned with obtaining an indictment and bringing false charges against my client -- at all or any costs.
"Today, we have the indictment, which are mere allegations. Tomorrow, we will fight vigorously for the truth, justice and I believe Ms. Mosby's innocence will prevail."
Mayor's office responds
The Baltimore Mayor's Office of Communications sent a statement to 11 News, saying: "With so much at stake, Mayor (Brandon) Scott will continue to champion transparency and accountability to maintain trust in City Hall and prove that local government can operate in the best interests of Baltimoreans. Mayor Scott will not allow these charges to distract his administration from addressing Baltimore's most pressing needs and paving a new way for our city. The mayor remains committed to the mission of building safer neighborhoods, creating jobs, and leading Baltimore's ongoing COVID-19 recovery efforts."
Mosbys have been subjects of federal investigation
This comes amid an ongoing federal investigation involving Mosby and her husband, Baltimore City Council President Nick Mosby, over campaign records. Nick Mosby is not named in the federal indictment.
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