Former Baltimore City State’s Attorney Convicted on Two Counts of Perjury

Per the Office of the U.S. Attorney, District of Maryland: “A federal jury today convicted Marilyn J. Mosby, age 42, of Baltimore, Maryland, on federal charges of perjury, relating to the withdrawal of funds from the City of Baltimore’s Deferred Compensation Plan claiming that she suffered adverse financial consequences during the COVID-19 pandemic when she was Baltimore City State’s Attorney.

According to the evidence presented at trial, on May 26, 2020 and December 29, 2020, Mosby submitted “457(b) Coronavirus-Related Distribution Requests” for one-time withdrawals of $40,000 and $50,000, respectively, from City of Baltimore’s Deferred Compensation Plan.  Trial evidence proved that Mosby falsely certified that she met at least one of the qualifications for a distribution as defined under the CARES Act, specifically, that she experienced adverse financial consequences from the Coronavirus as a result of being quarantined, furloughed, or laid off; having reduced work hours; being unable to work due to lack of childcare; or the closing or reduction of hours of a business she owned or operated.  In signing the forms, Mosby “affirm[ed] under penalties for perjury the statements and acknowledgments made in this request.”  As proven at trial, Mosby did not experience any such financial hardships and in fact, Mosby received her full gross salary of $247,955.58 from January 1, 2020 through December 29, 2020, in bi-weekly gross pay direct deposits of $9,183.54.

Mosby faces a maximum sentence of five years in federal prison for each of the two counts of perjury.  U.S. District Judge Lydia K. Griggsby has not yet scheduled sentencing.

In a separate pending federal case, Mosby also faces two counts of making false mortgage applications, relating to the purchases of two vacation homes in Florida.  Those charges remain pending and a trial date has not been set.  If convicted of those counts, the defendant faces a maximum of 30 years in federal prison for each of two remaining counts.  Actual sentences for federal crimes are typically less than the maximum penalties.  A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.  An indictment is not a finding of guilt.  An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Erek L. Barron commended the FBI and IRS-CI for their work in the investigation.  Mr. Barron thanked Assistant U.S. Attorneys Sean R. Delaney and Aaron S.J. Zelinsky, who are prosecuting the federal case.”