Former Baltimore prosecutor Marilyn Mosby is facing perjury charges for allegedly lying about her finances during the COVID-19 pandemic in order to access retirement funds that she used to purchase two properties in Florida. The trial began on Monday, with Assistant U.S. Attorney Sean Delaney stating that Mosby prioritized her own interests over the truth.
However, Mosby’s defense attorney, Maggie Grace, argued that her client had the legal right to withdraw the money and use it as she saw fit. Grace maintained that Mosby truthfully stated on paperwork that her travel-related business had been impacted by the pandemic, justifying her withdrawal of the funds.
Mosby, who served as Baltimore’s state’s attorney for two terms, was indicted on perjury charges after being defeated by a Democratic primary challenger last year. The indictment accuses her of withdrawing $90,000 from her city account by falsely claiming financial hardships due to the pandemic. She then used the money as down payments for a home in Kissimmee and a condominium in Long Boat Key, both located in Florida.
A. Scott Bolden, Mosby’s former lawyer, dismissed the charges as baseless and argued that they stemmed from personal, political, and racial prejudices. He claimed that the case was an attempt to discredit Mosby, who gained national attention for prosecuting Baltimore police officers involved in the death of Freddie Gray in 2015. Gray’s death sparked protests and riots in the city, but none of the officers were convicted.
To ensure a fair trial, U.S. District Judge Lydia Kay Griggsby agreed to move Mosby’s trial from Baltimore to Greenbelt, Maryland, a suburb of Washington, D.C. Mosby’s attorneys argued that she had been the subject of negative press coverage and criticism for nearly a decade in Baltimore, making it difficult for her to receive a fair trial.
Prosecutors countered that Mosby herself had sought and encouraged press coverage, undermining her claim of prejudice. She is facing two counts of perjury and two counts of making false statements on a loan application.
According to prosecutors, the retirement funds in question are held in trust by the city, and participants are only eligible to withdraw them when they meet certain criteria. They allege that Mosby was not entitled to access the funds in 2020 under federal law because her business, Mahogany Elite Enterprises, did not experience any adverse financial consequences from the pandemic. Delaney emphasized that Mosby’s business had no clients or revenue, questioning how it could suffer adverse financial consequences if she received her full salary of approximately $250,000 that year.
Grace argued that prosecutors cannot prove that Mosby lied about her finances or knowingly made false statements on the form for accessing her retirement funds. She maintained that Mosby is innocent and that the government cannot meet the high burden of proof.
It is important to note that Mosby is not accused of misusing the retirement funds once she obtained them. Prosecutors clarified that they will not argue whether there is a right or wrong way to use the funds.
Grace asserted that Mosby kept her personal business separate from her public service and that her actions were not criminal. The trial will continue as both sides present their evidence and arguments.
