Feds file superseding indictment against Baltimore State’s Attorney Marilyn Mosby, claim she lied about living in Florida

Federal prosecutors revealed more of their case Thursday against Baltimore State’s Attorney Marilyn Mosby, including a December 2020 letter to her mortgage lender where Mosby claimed she and her family had spent the past 70 days living in Florida.

Prosecutors cited the newly revealed letter to strengthen their claim Mosby lied to lenders to receive more favorable financial terms for two vacation homes she purchased.

The new information came in a superseding indictment filed in the U.S. District Court in Baltimore. It contained no new charges.

Mosby is charged with two counts of making false statements on a loan application and two counts of perjury. Mosby has pleaded not guilty to all charges and is expected to stand trial in early May. Mosby’s attorney could not be reached Thursday evening for comment.

“I wanted the people of Baltimore to hear it from me: I’ve done nothing wrong,” Mosby said last month. “Don’t be fooled. We are now five months from my next election, and this indictment is merely a political ploy by my political adversaries to unseat me.” The two-term Democrat is seeking reelection and the primary is June 28.

The U.S. Attorney’s Office said it would not comment further on the case.

On Dec. 10, 2020, Mosby wrote a letter to her mortgage company claiming she had been living in Florida, according to court filings.

“The home is spacious and comfortable and because of my ability to work remotely, my family and I have spent the past 70 days there,” Mosby wrote.

Prosecutors say that claim is false.

Mosby’s husband, Nick, was sworn in as Baltimore City Council president on the same day she wrote the letter claiming Florida residency. The entire Mosby family was pictured at the swearing-in ceremony outside the War Memorial Building in Baltimore. Also, on Dec. 7, Mosby gave a news conference outside the Clarence Mitchell courthouse in Baltimore.

Nick Mosby did not return a request for comment Thursday evening. He has not been charged.

On the day of Mosby’s original indictment, defense attorney A. Scott Bolden said Marilyn Mosby did not lie in connection to any of the charges against her.

”More importantly, Ms. Mosby has never lied or made a false statement in connection the allegations contained in the charging document,” Bolden said in January.

In the superseding indictment, prosecutors also claim Mosby submitted a fraudulent gift letter to United Wholesale Mortgage on Feb. 10, 2021, claiming her husband had gifted her $5,000 to be transferred at closing in order make the necessary down payment on the vacation property she was hoping to purchase on the Florida Gulf Coast.

Nick Mosby wired his wife $5,000 on Feb. 17, two days before closing, but prosecutors say that wasn’t a gift and was actually Marilyn Mosby’s money to begin with.

Prosecutors, in court filings, claim they reviewed the Mosbys’ bank records and determined Marilyn wired her husband $5,000 on Feb. 12. Prosecutors also said Nick Mosby had less than $5,000 in his account before that day, meaning he could not have afforded the gift his wife said he had promised.

Nick Mosby later transferred the money into his savings account and then back into his checking account before wiring it to the escrow agent, according to the indictment.

Prosecutors say Marilyn Mosby could have waited for her biweekly paycheck to get the necessary funds, but wanted to lock in a lower interest rate.

In the original indictment, prosecutors claim Marilyn Mosby in 2020 lied about experiencing a financial hardship during the pandemic so she could withdraw $81,000 without penalty from her City of Baltimore retirement savings account. Prosecutors said she used that money to place down payments on the two vacation homes.

Prosecutors say rather than suffering financially, Mosby actually made more money during the pandemic. In 2020, Mosby’s annual salary rose to almost $248,000.

She is also accused of lying on a mortgage application for an eight-bedroom home near Disney World. In her application, Mosby said the home would be a second residence for the family when she planned to rent it to vacationers, according to court documents.

Prosecutors also said that in making her Florida home purchases, she failed to disclose a federal tax lien against her and husband. It was paid off in June 2021.

If convicted on the fraud charges, the U.S. Attorney’s Office said it would ask the judge to seize the two Florida homes and any income she’s received from renting them.