A U.S. federal appeals court has overturned the mortgage fraud conviction of former Baltimore State’s Attorney, Marilyn Mosby. The court ruled on Friday that the conviction lacked proper legal grounds, citing both a flawed jury instruction and insufficient evidence.
Mosby had been convicted in February 2024 for allegedly submitting false information during a mortgage application process in 2021. At the time, she claimed to have received a $5,000 financial gift from her then-husband, former Baltimore City Council President Nick Mosby. Prosecutors argued this was a staged transaction, alleging that she had transferred the money to him, only to receive it back, just to qualify for a lower interest rate.
Judge Stephanie Thacker of the Fourth Circuit Court of Appeals said in the ruling that “the district court gave the jury an erroneous venue instruction,” and emphasized that the evidence presented “did not support the jury’s finding.”
Forfeiture Order on Mosby’s Home Also Cancelled
Along with the mortgage fraud reversal, the court vacated an earlier decision that required Mosby to forfeit her Florida condo. Judge Thacker described the forfeiture order as “not authorized by statute and unconstitutionally excessive.”
Mosby had previously told local outlet WJZ that the legal pressure and financial costs forced her to sell one of her Florida properties to cover attorney fees. She claimed the government had been “attempting to take [her] house and law license” even before the appeal process was completed.
Perjury Conviction Still Holds
Despite the ruling on mortgage fraud, Mosby’s legal troubles are far from over. The appeals court upheld her conviction on two counts of perjury. She had been found guilty in November 2023 of lying about business losses during the COVID-19 pandemic to withdraw funds from her retirement account.
Those funds were reportedly used to finance the purchase of her vacation homes in Florida.
While Judge Thacker dissented on the perjury matter, arguing that the withdrawal documents were “fundamentally ambiguous,” and that the district court allowed inadmissible evidence concerning the use of the funds, the court ultimately upheld the conviction in a 2–1 decision.
Legal Battle Still Ongoing for Mosby
Mosby had been sentenced to three years of probation and one year of house arrest. Her house arrest ended shortly before this appeals decision. While the ruling removes one of the key legal burdens she faced, the upheld perjury conviction still leaves her in legal jeopardy.
Mosby has consistently maintained her innocence and insists she’s being targeted unfairly for political reasons. “It’s been a constant struggle and a battle,” she said in a recent interview.
This latest legal turn marks a partial victory for Mosby but leaves a complicated legal and professional future ahead. Her law license remains at risk, and her public reputation continues to be a subject of legal and political debate.
