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After nearly two years of legal maneuvering, former Baltimore State’s Attorney Marilyn Mosby has been convicted of two felonies.
The case is far from over. She faces two additional charges and could lose her law license and Florida vacation home. Will she go to prison?
Here’s what happens next.
Can Mosby appeal her conviction?
She can, but not until after she is sentenced. That’s when a conviction becomes final.
When will she be sentenced?
Not until after her other charges are resolved, the parties agreed in a Monday afternoon status conference.
Mosby was originally indicted on four counts: two counts of perjury, for lying about suffering a financial hardship due to COVID-19 to access money from her retirement accounts that was held in trust; and two counts of making false statements on mortgage applications to buy Florida vacation properties using the newly acquired retirement funds.
Specifically, she’s accused of not disclosing a $45,000 IRS lien against her and her then-husband, City Council President Nick Mosby, when purchasing the properties, and for asserting that she would use one of the properties as a second home, which enabled her to obtain a lower interest rate. One week prior to closing, she executed an agreement with a vacation home management company giving the company control over the rental of the property.
U.S. District Judge Lydia Griggsby granted a defense request to sever the perjury and mortgage counts, ruling the perjury counts would be tried first. She set no schedule for the other two counts.
When the counts were severed, the mortgage application charges became a second case. That means Mosby could be sentenced on the perjury conviction prior to the disposition of the false statements on mortgage application counts.
But on Monday the defense said they prefer to have the mortgage case settled before sentencing occurs, and the government agreed.
The pending counts could be resolved a number of ways
A trial that could last up to three weeks will be set for some time in early 2024, likely January, February or March. That doesn’t mean a trial will necessarily occur.
Federal prosecutors could forgo the pending mortgage charges and dismiss them in light of the perjury convictions.
Joe Murtha, an attorney who is not involved in the case, said in that scenario prosecutors wouldn’t simply forget about those charges, though. He said they would likely cite the allegations as “relevant conduct” at the perjury sentencing and ask for an upward adjustment of her sentence.
They could also work out a plea agreement in which Mosby accepts responsibility.
Or they could take the charges to trial. As of today, that’s the path the case is on. There was no discussion on Monday’s status conference about the prospect of a plea.
Is she likely to serve prison time?
Mosby remains free following her conviction, though prosecutors indicated Monday that they want her to surrender her passport.
The counts bring heavy potential penalties; the perjury counts carry maximum penalties of five years each, while the mortgage charges carry a staggering maximum of 30 years in prison.
However, actual sentences are often much lower, particularly for a first-time offender. The judge would also consider the nature and impact of the offenses.
Murtha believes it’s unlikely Mosby will go to prison.
“Even though it’s an offense that violated the law and she was in a position of trust, the question is, are the collateral consequences of the conviction enough?” Murtha said. “The overarching purpose of sentencing is to find a punishment that is sufficient but not greater than necessary. A lot of people could argue a period of incarceration is not necessary.”
What could happen to her law license?
Mosby is facing the prospect of being disbarred, because her conviction is considered a crime of moral turpitude. It’s unclear if Mosby has been practicing law since leaving the State’s Attorney’s Office; her company, Mahogany Elite Enterprises, offers legal consulting among its services, though Mosby has not entered her appearance in any court cases this year.
Disbarment may not occur quickly, though. Attorney Kenneth Ravenell had his license only temporarily suspended after his 2021 conviction on federal money laundering counts, a status that continues to this day even as the Fourth Circuit Court of Appeals denied his appeal. He is appealing to the U.S. Supreme Court.
What happens to her Florida properties?
Mosby sold her Kissimmee property in November 2021, before her indictment. She continues to own a condo in Longboat Key, but federal prosecutors said they intend to seize that property if she is convicted of the fourth count in her indictment.
justin.fenton@thebaltimorebanner.com
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Justin Fenton is an investigative reporter for the Baltimore Banner. He previously spent 17 years at the Baltimore Sun, covering the criminal justice system. His book, "We Own This City: A True Story of Crime, Cops and Corruption," was released by Random House in 2021 and became an HBO miniseries.
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