Federal prosecutors are moving to seize the Florida vacation condo owned by former Baltimore State’s Attorney Marilyn Mosby after her conviction for perjury and mortgage fraud. Mosby, who was convicted in two separate trials for lying about her finances, now faces up to 40 years in prison at her sentencing on May 23. 

The government aims to confiscate the property due to accusations that it was purchased using fraudulent means.

The condo is one of two vacation properties Mosby acquired during the pandemic using withdrawals from her Baltimore City retirement fund. Despite earning nearly $250,000 annually as the city’s top prosecutor, Mosby claimed financial hardship under the federal CARES Act, which allowed early retirement withdrawals. She withdrew $90,000 for down payments on both properties.

During her trial, prosecutors argued that Mosby misrepresented her financial situation on loan applications, providing false information to secure favorable mortgage terms. 

The federal jury convicted her on perjury and mortgage fraud counts, prompting prosecutors to pursue the confiscation of the Longboat Key property and return her original down payment once sold.

The Fraudulent Purchase:

In February 2021, Mosby purchased the condo, located in Longboat Key, Florida, for $476,000. The property, nicknamed “The Tree House,” is one of two Florida vacation homes Mosby bought after securing a $428,000 mortgage loan. 

However, during her trial, federal prosecutors demonstrated that Mosby lied on the loan application, falsely claiming a $5,000 gift from her husband to secure a lower interest rate. In reality, she had initially sent the money to her husband, who then returned it to her in a manner described by prosecutors as a financial sleight of hand.

Mosby purchased the COVID-19 pandemic using money withdrawn from Baltimore’s retirement fund. She falsely claimed financial hardship under the federal CARES Act, designed to offer emergency economic relief. Despite earning an annual salary of nearly $250,000 as the city’s top prosecutor, Mosby withdrew approximately $90,000 from the fund for down payments on two properties, including the Longboat Key condo and another eight-bedroom home in Kissimmee.

Federal Seizure:

Federal prosecutors filed a motion to seize the Longboat Key condo, with plans to sell it and return Mosby’s $47,600 down payment once the property is liquidated. Any additional profits from the sale would be subject to forfeiture. 

The forfeiture hearing is set to occur on May 23, coinciding with her sentencing. If convicted on all counts, Mosby could face up to 40 years in federal prison.

The mortgage fraud charges were brought to light during Mosby’s two trials. The first trial, which occurred in November, resulted in her conviction on two counts of perjury. Prosecutors highlighted how she lied about suffering a financial setback to justify withdrawing money from her retirement account. 

The second trial in January concluded with her conviction for making false statements in securing mortgage loans for properties valued at nearly $1 million.

Political Fallout and Presidential Pardon:

Mosby has publicly maintained her innocence, describing herself as a victim of a politically motivated prosecution orchestrated by opponents at the Maryland U.S. Attorney’s Office to derail her re-election campaign. 

She also claimed her decision to prosecute police officers in the controversial 2015 death of Freddie Gray put her in the crosshairs of political adversaries. She argues that she has been unfairly demonized for withdrawing her own money and that the legal actions against her are meant to ruin her reputation and legacy.

Recently, Mosby stated her intention to request a presidential pardon and has expressed hope that the people she fought for will stand by her side. “If they can do this to Marilyn Mosby, they can do this to anybody,” she stated during a television interview, emphasizing that her work to challenge systemic injustices left her vulnerable to attacks.

While Mosby insists she has “done absolutely nothing wrong,” federal prosecutors pointed out her failures to disclose debt on loan applications. Prosecutor Aaron Zelinsky emphasized that she, as a senior prosecutor, should have been well aware of the implications of her actions. “She oversaw hundreds of lawyers. You know what prosecutors know a lot about? Fraud. Mortgage fraud,” Zelinsky stated during the trial.

In addition to her legal woes, Mosby has been criticized for her perceived role in Baltimore’s crime surge. Her progressive stance and approach to criminal justice reform have been linked to the rising violent crime in the city, according to her critics, including Medal of Valor recipient Dave Goitia. Her attempts to prosecute the officers involved in the death of Freddie Gray ultimately ended without any convictions, leaving some to claim that she had unjustly pursued the officers as “sacrificial lambs.”

A Difficult Road Ahead:

Despite her request for a pardon and her vocal defense, Mosby’s legal troubles show no sign of waning. Her trial was overseen by Judge Lydia Kay Griggsby, whom President Joe Biden nominated, and Mosby was indicted by U.S. Attorney Erek Barron, both Democrats. The accusations have sparked petitions calling for presidential clemency and drawn sympathy from segments of the public, but the outcome remains uncertain.

Prosecutors remain firm in their resolve to confiscate the Longboat Key property, which will likely serve as a symbol of the consequences of her fraudulent actions. Mosby will receive her $47,600 down payment back, but any further profits will be forfeited. Her sentencing on May 23 will provide more clarity on her future, but the penalties she faces could have a lasting impact on her career and reputation.

Her successor, Ivan Bates, has taken a tougher stance on crime after Mosby’s loss in the 2022 election. While Mosby claims her actions were an effort to create a more equitable justice system, critics argue her leadership created long-term damage to Baltimore and eroded public trust in the city’s administration. Mosby’s story serves as a poignant reminder of the need for accountability, transparency, and the consequences of failing to uphold public trust.