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Prosecutors add new details in case against State’s Attorney Mosby

Baltimore City State’s Attorney Marilyn Mosby has denounced the federal charges against her. Prosecutors filed superseding charges on Thursday that added some fresh details to the allegations against Mosby but otherwise did not add any new charges. (The Daily Record/Madeleine O’Neill)

Federal prosecutors reinforced their claims against Baltimore State’s Attorney Marilyn Mosby Thursday in a superseding indictment that added details to the criminal case against the city’s top prosecutor.

The superseding indictment does not add any charges. Mosby is still facing two counts each of perjury and making false statements on loan applications, all of which were included in the first indictment against her on Jan. 13.

The new indictment adds allegations to count four, which relates to Mosby’s purchase of a vacation home in Long Boat Key, Florida. The new details allege that Mosby falsely claimed that she was receiving $5,000 from her husband, City Council President Nick Mosby, as a gift that she could put toward the closing costs on the home.

In fact, the indictment alleges, Marilyn Mosby wired her husband the $5,000 in February 2021. Nick Mosby had less than $5,000 in his checking account at that time, according to the new filing. He moved  the $5,000 from his wife into his savings account, then back into his checking account, from which the gift money was supposed to be sent, before transferring it to the escrow agent for the home purchase, the indictment charges.

Nick Mosby is not facing charges.

The superseding indictment alleges that Marilyn Mosby submitted the false gift letter in order to lock down a favorable interest rate rather than waiting for her next paycheck to be deposited.

The new indictment also charges that Mosby falsely claimed that she had been living in Florida for 70 days in a letter to the mortgage company handling the Long Boat Key property purchase.

“In that letter, Mosby falsely represented that she had spent the past 70 days living in Florida and working remotely when, in fact, she had not,” prosecutors wrote in the new indictment.

Mosby’s defense lawyer, A. Scott Bolden, said the superseding indictment shows the government is scraping “the bottom of the barrel” by investigating the transfer of money between a husband and wife.

Bolden reiterated his claims that the lead prosecutor, Assistant U.S. Attorney Leo Wise, is biased against Mosby.

“This superseding indictment, with no additional charges, again proves the obsession, the political and personal ill will and animus of this particular prosecutor, who has not only donated to Marilyn Mosby’s political opponents, but has has violated DOJ ethical standards to publicly shame my client three months from her election,” Bolden said in an email.

The original indictment alleged that Mosby falsely claimed financial hardship during the COVID-19 pandemic in order to withdraw money from her retirement account without incurring the usual penalty. She is also accused of failing to disclose a $45,000 IRS lien when she applied for mortgages on two properties in Florida — one in Kissimmee and the second in Long Boat Key.

Mosby pleaded not guilty at her initial appearance last month. In pretrial motions, Bolden said Mosby did not know about the tax lien when she applied for the Florida mortgages. The motions blame Mosby’s husband for failing to inform her of a series of tax problems and then telling her, incorrectly, that the lien had been paid off.

Mosby and Bolden have claimed that the prosecution is politically motivated and was timed to hurt Mosby in the leadup to her re-election campaign.

Mosby has also asked U.S. District Judge Lydia Kay Griggsby to throw out the indictment on the basis that the lead prosecutor is biased against her. Her trial is set for early May, though the filing of a superseding indictment may change deadlines in the case.