Federal prosecutors on Monday alleged that Baltimore City Council President Nick Mosby “repeatedly committed perjury” on his tax returns, claiming deductions for charitable contributions at a time when he owed tens of thousands of dollars in taxes, fell months behind on mortgage payments, and experienced garnishment of his wages for student loans and the repossession of his car.

Assistant U.S. Attorney Aaron Zelinsky brought up those assertions during a break in his cross-examination of Nick Mosby, who testified for the defense in the mortgage fraud trial of his now ex-wife, Marilyn Mosby, in U.S. District Court in Greenbelt. He has not been charged with a crime.

Zelinsky said the government could call a financial analyst who would testify that there had not been enough money in their bank accounts to make those donations. Prosecutors had a good-faith basis for asking about the tax returns, he said, adding that it was “immaterial” whether they filed charges.

U.S. District Judge Lydia Kay Griggsby expressed concerns about that line of questioning leading to a “mini trial” and creating unfair and substantial prejudice toward Marilyn Mosby, 44, a Democrat who served as Baltimore state’s attorney from 2015-2023. She’s charged with two counts of making a false statement on a loan application.

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The government alleges in part that she failed to disclose that she and her husband owed taxes or report the existence of a more than $45,000 tax lien on mortgage applications for a house in Kissimmee, Florida, near Walt Disney World, and a condominium in Longboat Key, Florida, on state’s Southwest Gulf Coast. They’ve since divorced.

”I’m not inclined to allow the area of cross-examination,” Griggsby said. “I have some discomfort about it.”

Nick Mosby previously testified that he handled the taxes when the couple jointly filed. He took the blame for creating the tax debt and stated that he repeatedly lied about taking care of it because he did not want to burden her with an added life stress.

Federal Public Defender James Wyda, one of Marilyn Mosby’s attorneys, expressed a concern that questions about the tax returns would profoundly prejudice his client.

”We’ve presented a volume of testimony about Mr. Mosby’s sloppiness in terms of handling his personal financial affairs,” Wyda said. “It seems to be at this point there’s no dispute, at least from this side, that Mr. Mosby has mishandled his financial matters.”

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Prosecutors later submitted a document with the following title: “Government’s motion to cross examine defendant’s witness on his prior perjury.”

Following the lunch break, Zelinsky said he wanted to ask Nick Mosby about his 2019 tax return, which he had filed alone. Zelinsky said “there’s also perjury on that return.”

“Alleged perjury,” Griggsby replied.

”Government believes that it’s evidence of perjury,” Zelinsky responded.

Later, Nick Mosby testified about his financial issues. He said he had stopped working at one point to run for mayor of Baltimore and fell behind on his bills, which made him ashamed.

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He said he did not tell his wife.

When asked if the government plans to file perjury charges, Marcia Lubin, a spokesperson for the U.S. Attorney’s Office, declined to comment.

Nick Mosby is running for reelection this year and faces challengers in the Democratic primary: Baltimore City Councilman Zeke Cohen and former Baltimore City Councilwoman Shannon Sneed.

The trial is set to continue on Tuesday.