Former Baltimore State’s Attorney, Marilyn Mosby, has filed a motion in the US District Court for the District of Maryland, requesting a judgment of acquittal on mortgage fraud charges. The claim rests on the argument that the government has failed to definitively link the alleged false statements to Maryland, thus failing to establish the correct venue for the case.
The motion cites the Fourth Circuit’s precedent in Reass v. United States, stating that a venue is only valid in the district where the false statement is communicated or received. The case centers around the understanding that the misrepresentation of facts has no effect until communicated to the lending bank.
Mosby’s legal counsel argues that the government’s attempts to prove the venue have relied solely on records that she used her credit card in Baltimore, concurrent with the dates the alleged false statements were made. They contend that using such scant evidence would require the jury to speculate excessively. Mosby denies guilt on both counts of mortgage fraud, arguing that the government has failed to prove beyond a reasonable doubt.
To secure a conviction under Section 1014, the government must demonstrate that Mosby knowingly made a false statement to influence bank actions. The counts allege that Mosby failed to disclose significant tax liabilities and a $45,000 lien on her loan application, but according to Mosby, such “omissions” are not the type of false statements covered by the law.
Besides this, the lawsuit alleges that a “$5000 Gift Letter” falsely claimed she received the amount from her then-husband, Baltimore City Council President Nicholas Mosby. Mosby contests this, stating that the government has not conclusively established that she had made this false statement intending to influence the bank.
A legal discourse is expected from Mosby’s legal team, though it was deferred in a recent session for reasons yet unclear. The government is granted until the end of Friday to submit a written response to this motion for judgment. After which, the defense will respond on Monday, following Judge Lydia Kay Griggsby’s instructions.
For more comprehensive details, visit the original article on Bloomberg Law.