The U.S. Court of Appeals for the Fourth Circuit has vacated the mortgage fraud conviction of former Baltimore State’s Attorney Marilyn Mosby, citing improper jury instructions regarding venue. The appellate court determined that the trial court failed to adequately instruct the jury on the necessity of establishing that the alleged fraudulent conduct occurred within the appropriate jurisdiction. Consequently, Mosby’s conviction for making a false mortgage application has been overturned. ([wmar2news.com](https://www.wmar2news.com/news/region/baltimore-city/marilyn-mosbys-fraud-conviction-overturned-perjury-convictions-upheld?utm_source=openai))
Mosby, who served as Baltimore’s top prosecutor from 2015 to 2023, was initially convicted in February 2024 on one count of mortgage fraud. The charge stemmed from allegations that she falsely claimed a $5,000 gift from her then-husband to secure a mortgage for a Florida condominium. This conviction followed a separate trial in November 2023, where she was found guilty on two counts of perjury for falsely certifying financial hardship to withdraw funds from her city retirement account during the COVID-19 pandemic. ([justice.gov](https://www.justice.gov/usao-md/pr/federal-jury-convicts-former-baltimore-city-states-attorney-marilyn-mosby?utm_source=openai))
Despite the appellate court’s decision to vacate the mortgage fraud conviction, Mosby’s perjury convictions remain upheld. In May 2024, U.S. District Judge Lydia Kay Griggsby sentenced her to 12 months of home confinement, 100 hours of community service, and three years of supervised release. The judge noted that Mosby’s offenses did not involve taxpayer money and considered the impact of incarceration on her two young daughters. ([apnews.com](https://apnews.com/article/marilyn-mosby-baltimore-prosecutor-sentencing-8f2419edd3ff404cdf24434777e6eefe?utm_source=openai))
Mosby has consistently maintained her innocence, asserting that the charges against her were politically motivated. Following her conviction, she filed an appeal challenging both the perjury and mortgage fraud convictions, describing the prosecution as “ill-advised and ill-conceived from the beginning.” ([thebaltimorebanner.com](https://www.thebaltimorebanner.com/community/criminal-justice/marilyn-mosby-appeal-perjury-mortgage-fraud-convictions-UU2N4D4GCNE5LJCHCVSVGAG3FU/?utm_source=openai))
The appellate court’s decision to vacate the mortgage fraud conviction underscores the critical importance of proper jury instructions, particularly concerning venue, in ensuring fair trials. As Mosby continues to contest her remaining convictions, the case highlights the complexities involved in prosecuting public officials and the necessity of adhering to procedural safeguards.
The U.S. Court of Appeals for the Fourth Circuit has vacated the mortgage fraud conviction of former Baltimore State’s Attorney Marilyn Mosby, citing improper jury instructions regarding venue. The appellate court determined that the trial court failed to adequately instruct the jury on the necessity of establishing that the alleged fraudulent conduct occurred within the appropriate jurisdiction. Consequently, Mosby’s conviction for making a false mortgage application has been overturned. ([wmar2news.com](https://www.wmar2news.com/news/region/baltimore-city/marilyn-mosbys-fraud-conviction-overturned-perjury-convictions-upheld?utm_source=openai))
Mosby, who served as Baltimore’s top prosecutor from 2015 to 2023, was initially convicted in February 2024 on one count of mortgage fraud. The charge stemmed from allegations that she falsely claimed a $5,000 gift from her then-husband to secure a mortgage for a Florida condominium. This conviction followed a separate trial in November 2023, where she was found guilty on two counts of perjury for falsely certifying financial hardship to withdraw funds from her city retirement account during the COVID-19 pandemic. ([justice.gov](https://www.justice.gov/usao-md/pr/federal-jury-convicts-former-baltimore-city-states-attorney-marilyn-mosby?utm_source=openai))
Despite the appellate court’s decision to vacate the mortgage fraud conviction, Mosby’s perjury convictions remain upheld. In May 2024, U.S. District Judge Lydia Kay Griggsby sentenced her to 12 months of home confinement, 100 hours of community service, and three years of supervised release. The judge noted that Mosby’s offenses did not involve taxpayer money and considered the impact of incarceration on her two young daughters. ([apnews.com](https://apnews.com/article/marilyn-mosby-baltimore-prosecutor-sentencing-8f2419edd3ff404cdf24434777e6eefe?utm_source=openai))
Mosby has consistently maintained her innocence, asserting that the charges against her were politically motivated. Following her conviction, she filed an appeal challenging both the perjury and mortgage fraud convictions, describing the prosecution as “ill-advised and ill-conceived from the beginning.” ([thebaltimorebanner.com](https://www.thebaltimorebanner.com/community/criminal-justice/marilyn-mosby-appeal-perjury-mortgage-fraud-convictions-UU2N4D4GCNE5LJCHCVSVGAG3FU/?utm_source=openai))
The appellate court’s decision to vacate the mortgage fraud conviction underscores the critical importance of proper jury instructions, particularly concerning venue, in ensuring fair trials. As Mosby continues to contest her remaining convictions, the case highlights the complexities involved in prosecuting public officials and the necessity of adhering to procedural safeguards.