Annapolis, MD. (AP) – Federal Court of Appeal, on Friday, overturned a sentence for a mortgage fraud by former Baltimore lawyer Marilyn Mosby, who won a national profile for charges of police officers in the death of the black man. But the court upheld two convictions for the perjury related to the real estate it has purchased.
The Fourth Court of Appeal of the United States has ruled by decision 2-1 that the instruction of jurors in the mortgage fraud case is “wrongly exceeded” regarding the correct place of the court. The case was tried in Maryland related to the property he bought in Florida.
“As a result of our decision to release the sentence for mortgage fraud, the withdrawal order related to the applicant’s key apartment, which was obtained as the fruit of the alleged mortgage fraud, was also released,” Judge Stephanie Taker writes.
Judge Paul Nimayer disagreed in part. While the majority’s decision claims that the government has not introduced evidence sufficient to show that the crime was committed in Maryland and that the instruction of the district court is wrong, Nimayer writes that it would reject both the argument and confirm the decision of the district court.
The court upheld two convictions for false testimony, stating that “did not find a mistake in the court decision of the district court for the applicant’s sentences for false testimony.”
The Court rejected the Mosby’s arguments that the recognized evidence had filed jurors.
“In short, the district court did not go wrong in allowing the government to provide evidence of how the applicant uses the funds it withdrew from its pension accounts,” the court said. “This proof is proof whether the applicant had suffered” adverse financial consequences “. And the evidentiary value of this evidence was not substantially exceeded by the risk of unjustified prejudice or confusion of jurors. “
The 45 -year -old Mosby was spared by prison in her sentence last year. Her sentence included 12 months of home detention, which she ended last month. It was also sentenced to 100 hours of public useful work and three years of supervisory edition.
Mosbi was convicted that she was lying to her finances to make early retirement funds during the Covid-19 pandemic and deceit, claiming that her own $ 5,000 were a gift from her then husband when she closed Florida’s condominium.
Mosbi, who was Baltimore’s state lawyer from 2015 to 2023, maintains his innocence.
Mosby won national attention when he accused officers of the death of Freddie Gray in 2015, leading to riots and protests in the city. After three officers were justified, the Mosby’s cabinet has rejected charges against the other three employees. In the end, she performs two terms as a lawyer for the state before being charged and loses re -election.
In 2020, in the midst of the pandemic, Mosbi withdrew $ 90,000 from the Baltimore City compensation plan and used it to make payments on holiday homes in Kissimmee and Longboat Key, Florida.
Prosecutors claim that MOSBI has incorrectly gained access to the funds in accordance with the provisions of the Coronavirus Act, relief and economic security, and falsely claims that the pandemic has harmed its side business -oriented business.
Mosby’s lawyers claim that pension funds are coming from her own income and that no one has been deceived as she paid early penalty and all federal taxes on money. The government said the money remains the property of the city until it is legitimately admissible and its perjury harms everyone who obeys the rules during the coronavirus pandemic.
The sentence for fraud with a mortgage, revoked by the Court of Appeal on Friday, stems from a “$ 5,000 gift letter”, which she filed when he loans to buy the ownership of the keys to the long boat. Prosecutors said the letter falsely stated that Mosby’s husband was giving her a $ 5,000 gift for the closure, when it was actually her own money.
Mosby applied for a presidential pardon last year. In a letter to the then President Joe Biden, the Congress Black Coak expressed support for her cause. Biden did not give a pardon.