A federal judge has spared former Baltimore State’s Attorney Marilyn Mosby from prison time despite her convictions for perjury and mortgage fraud. Mosby, who had faced a real prospect of incarceration, was sentenced to one year of home detention as part of a three-year term of supervised probation. She must also forfeit a Florida vacation home.
Mosby, who was convicted by two separate juries of perjury and making false statements on a loan application, had recently rallied against the charges, claiming wrongful conviction.
After the sentencing, she was greeted by cheers from supporters and declared, “This is not over. But God was here today, and I know he’s with me. He touched the heart of this judge and has allowed me to go home to my babies,” Mosby said.
U.S. District Judge Lydia Kay Griggsby cited Mosby’s role as a mother and her significant public and personal downfall as reasons for deviating from the sentencing guidelines, which suggested 12 to 18 months in prison. Prosecutors had sought a 20-month prison term.
While acknowledging Mosby’s “pattern of dishonesty,” Judge Griggsby emphasized the “important consequences” Mosby had already faced due to the prosecution. Prosecutors argued that Mosby had lied to the public and shown no remorse, thereby undermining the justice system. Despite her aggressive media campaign for a pardon, the judge did not address these comments in her sentencing decision.
Mosby, a Democrat who served as Baltimore’s top prosecutor from 2015 to 2023, lost her re-election bid amid the charges. Her convictions are tied to the purchase of two luxury vacation homes in Florida, financed through fraudulently obtained mortgages.
“Marilyn Mosby does not care about facts. She does not care about the law. She does not care about the truth,” Assistant U.S. Attorney Sean Delaney said.
In 2020, Mosby withdrew $90,000 from a retirement account under the CARES Act, falsely certifying financial hardship. She used this money to buy a home in Kissimmee and a condo in Longboat Key. Additionally, she lied about receiving a $5,000 gift from her ex-husband, Nick Mosby, for the condo’s closing costs.
Mosby will serve one year of home detention with location monitoring and complete 100 hours of community service. Judge Griggsby also ordered the forfeiture of the Florida vacation condo that Mosby purchased using a $428,000 mortgage that the jury found was obtained fraudulently. However, Mosby will be able to recoup her down payment, which is upwards of $40,000 and a portion of the proceeds from the condo’s increased value.
Moreover, the courtroom was filled with supporters, including family members, former colleagues, and individuals exonerated by her office. They praised her efforts to reform Baltimore’s criminal justice system and argued that her prosecution was politically motivated. An online petition for her pardon garnered over 70,000 signatures.
Defense attorney James Wyda described the case as “novel and unusual,” arguing that Mosby was the first public official prosecuted in Maryland federal court for such offenses. Wyda contended that Mosby’s prosecution was unprecedented and that her downfall had already served as sufficient punishment.
“Ms. Mosby pursuing a pardon, pursuing an appeal is who Ms. Mosby is. Ms. Mosby fights for everyone else’s rights, and she’s fighting for her own,” James Wyda told Judge Griggsby.
President of the Baltimore chapter of the NAACP, Kobi Little, expressed his remarks following the sentencing as well. “Marilyn Mosby was singled out because she dared to stand up against the status quo. Because she dared to challenge white supremacy. And God has put a hedge around Marilyn and protected her today. But that’s not cause for us to stop the fight. We must challenge institutional racism. We must challenge the blue wall and all that comes with it. We must call for prosecutors to pursue justice, instead of conviction.”
Civil rights attorney Ben Crump compared Mosby to civil rights icons, suggesting her prosecution was meant to intimidate other progressive prosecutors. Mosby and her supporters believe the charges stemmed from her progressive policies and high-profile prosecutions, including the 2015 charges against officers in the death of Freddie Gray.
“Do not let them silence you. Do not let them take your voice from you. Do not let them take the fight to make a better America for all of our children,” Crump said.
Prosecutors countered that Mosby’s case was straightforward fraud and perjury, crimes that are prosecuted routinely. Assistant U.S. Attorney Sean Delaney argued that failing to pursue these charges would undermine public trust in the justice system.
“Surely it cannot be the case that if the highest prosecutor in Baltimore was found to have committed perjury and mortgage fraud, the United States of America should simply look the other way because of her policies,” Delany said, “And we do not cut them a break because of their politics either.”
Delaney added, her “persistent and repeated lies” had “real, substantive, deleterious effects on the public perception of the pursuit of justice.”
As Marilyn Mosby prepares for her year of home detention, the broader implications of her case continue to resonate, highlighting the ongoing debate over the prosecution of public officials and the impact of progressive criminal justice policies.
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