Baltimore, Maryland – A federal grand jury today returned an indictment charging Marilyn J. Mosby, 41, of Baltimore, Maryland, with federal charges of perjury and false mortgage applications, in connection with the purchase of two vacation homes in Florida.
The defendant will appear for the first time in US District Court in Baltimore, but a hearing has not yet been set.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Darrell J. Waldon of the Internal Revenue Service – Criminal Investigation, Washington, DC Field Office.
According to the four-count indictment, on May 26, 2020 and December 29, 2020, Mosby submitted “coronavirus-related 457(b) distribution requests” for one-time withdrawals of $40,000 and 50 $000, respectively, of Baltimore City’s deferred compensation. Plans. In each request, the indictment alleges that Mosby falsely certified that she met at least one of the qualifications for distribution as defined by the CARES Act, specifically, that she suffered negative financial consequences. the Coronavirus due to being quarantined, furloughed, or laid off; having reduced working hours; being unable to work due to lack of child care; or closing or reducing the hours of a business she owned or operated. By signing the forms, Mosby “affirms[ed] statements and acknowledgments made in this application under penalty of perjury. The indictment alleges that Mosby experienced no such financial hardship and in fact, Mosby received his full gross salary of $247,955.58 from January 1, 2020 to December 29, 2020, in direct deposits of gross pay. bi-weekly $9,183.54.
Additionally, the indictment alleges that on July 28, 2020 and September 2, 2020, as well as January 14, 2021 and February 19, 2021, Mosby made false statements in mortgage applications for $490,500 for buy a house in Kissimmee, Florida and for a mortgage of $428,400 to buy a condominium in Long Boat Key, Florida. As part of both requests, Mosby was required to disclose his responsibilities. Mosby did not disclose on either application that she had unpaid federal taxes from a number of previous years and that on March 3, 2020, the Internal Revenue Service (IRS) placed a lien on all property and property rights belonging to Mosby and her husband in the amount of $45,022, the amount of unpaid taxes that Mosby and her husband owed the IRS as of that date. In each request, Mosby also answered “no” to the question: “Are you currently delinquent or in default on any federal debt or any other loan, mortgage, financial obligation, surety or loan guarantee”, even if it was suffering. in paying federal taxes to the IRS.
Finally, according to the indictment, a week before the Kissimmee vacation home closed on or about August 25, 2020, Mosby signed an agreement with a vacation home management company giving the management company rental control of the property it eventually purchased in Kissimmee. On September 2, 2020, Mosby signed a “second home covenant” which provided, among other things, that the borrower occupied and used the property as a second home; that the borrower retains sole ownership control of the property, including short-term rentals, and does not subject the property to any … agreement that obligates the borrower to either rent the property or give it to a management or any other person or entity any control over the occupancy or use of the property; and that the borrower keep the property available primarily as a residence for his personal use and enjoyment for at least one year, unless the lender agrees otherwise in writing. The indictment alleges that by falsely performing the “second home jumper”, Mosby could obtain a lower interest rate on the mortgage for the property than she otherwise would have received.
If convicted, Mosby faces a maximum sentence of five years in federal prison for each of two counts of perjury and a maximum of 30 years in federal prison for each of two counts of false mortgage loan applications. Actual sentences for federal crimes are generally lower than the maximum sentences. A federal district court judge will determine any sentence after considering US sentencing guidelines and other statutory factors.
An indictment is not a verdict of guilty. An individual charged by indictment is presumed innocent unless and until proven guilty in subsequent criminal proceedings.
United States Attorney Erek L. Barron commended the FBI and IRS-CI for their work in the investigation. Barron thanked Assistant U.S. Attorneys Leo J. Wise, Sean R. Delaney and Aaron SJ Zelinsky, who are prosecuting the federal case.
For more information about the Maryland U.S. Attorney’s Office, its priorities, and the resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md /community-outreach.
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