BALTIMORE — In court filings Wednesday, Marilyn Mosby and federal prosecutors petitioned for a rehearing after a federal appeals court vacated Mosby’s mortgage fraud conviction in July.
The 2-1 ruling by the U.S. Court of Appeals for the 4th Circuit vacated Mosby’s fraud conviction in July but upheld two perjury convictions, finding her guilty of lying about financial hardship from the COVID-19 pandemic to withdraw retirement funds to buy properties in Florida valued at $1 million.
The decision was made by a three-judge panel, and now prosecutors and Mosby are seeking a rehearing by the full court.
Mosby’s attorneys wrote in their Wednesday filing that she is “the only person in the nation ever prosecuted under the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act),” which enabled people to withdraw retirement funds without penalty in the wake of the COVID-19 pandemic.
Federal prosecutors, however, argued in their filing that Mosby, who was serving as Baltimore state’s attorney at the time, “had not experienced any such consequences,” and even earned a larger salary in 2020 than she did in 2019.
Mosby was sentenced to one year of home detention in May 2024 for her fraud and perjury convictions, which she completed earlier this year.
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