Marilyn Mosby found guilty of third federal charge. Defense attorney breaks down what's next

BALTIMORE - Baltimore's former lead prosecutor has now been convicted on three counts of federal criminal felonies in two separate trials.

Marilyn Mosby was found guilty on Tuesday to one count of mortgage fraud after the jury came back with a split verdict. She faces up to 30 years on that charge.

A federal jury convicted Mosby, 44, on the federal charge of making a false mortgage application when she was Baltimore City State's Attorney, relating to the purchase of a condominium in Long Boat Key, Florida.  

The jury acquitted her of making a false mortgage application related to her purchase of a home in Kissimmee, Florida. 

"We can only guess, in terms of what went on in that jury room," criminal defense attorney Andrew Alperson said. "It's not a good day. It's a sad day for Marilyn Mosby."

Last November, a jury convicted her of two counts of perjury, saying she lied to improperly take withdrawals from her retirement account under the guise of COVID relief. 

She faces a maximum sentence of five years in federal prison for each of the two counts of perjury.

So what's next for the former Baltimore City State's Attorney?

Alperstein, a criminal defense attorney with Alperstein & Diener, P.A., told WJZ that Mosby could likely appeal the verdicts.

"I'm sure they are going to appeal. She really has nothing to lose, because it's free, she has a public defender," Alperstein said. "I'm sure they will appeal both of the verdicts from both cases."

If the appeal is not overturned, then Mosby and the attorneys will meet for a sentencing hearing.

A sentencing date has not yet been set, but the judge previously ruled that Mosby would be sentenced for all convictions following her mortgage fraud trial.

"Federal sentencing is a little different," Alperstein said. "They have these guidelines that are very exact. They quantify various behaviors in the case, everything from the fraud value to whether she testified and it will be ruled against her. It all goes into a matrix and gives the judge a range of sentences."

The judge will hear from witnesses and arguments from both sides, and put into consideration Mosby's background and character, her community work, and the consequences of the crimes.

"They will consider whether there is a real loss, whether or not the mortgage holder suffered a substantial loss because of her dishonesty," Alperstein said. "Then, the judge will be charged with what she thinks is a fair sentencing."

According to the evidence presented at trial, in February 2021, Mosby made a false statement in an application for a $428,400 mortgage to purchase a condominium in Long Boat Key, Florida.  

As part of the application, Mosby falsely stated that she had received a $5,000 gift from her then-husband, Baltimore City Council President Nick Mosby, to be applied to the purchase of the property, according to the Department of Justice. 

According to the evidence presented at trial, Mosby made this statement in order to secure a lower interest rate. 

The DOJ says it was determined that Mosby did not receive a $5,000 gift from her husband, but rather transferred $5,000 to him, and he then transferred the $5,000 back to her.

The mortgage fraud trial brought dramatic testimony from both Marilyn and Nick Mosby.

He revealed the extent of his financial problems—his car repossessed, in default on student loans, behind on his mortgage.

"Ultimately, this count she was convicted of, it would seem that they found her husband was involved in it," Alperstein said. "They discredited her and obviously they discredited him about this gift loan, $5,000 that she wanted to justify that she had to get the loan.

"You can't lie on a mortgage application. If her husband helped her on it, that's not good for him."

Mosby took the stand last week in her defense.

She repeatedly blamed her mortgage company for inaccuracies on the forms. 

Mosby then blamed her then-husband Nick Mosby.

Marilyn Mosby described finding an IRS letter saying they owed thousands in taxes. "I went off! One, he had not told me we owed taxes at all, and I was finding out through the mail. …What is going on?" she asked Nick.

"It seems like the count she was acquitted of related to everybody sort of lied to me," Alperstein said. "She blamed the mortgage broker, her husband, he was paying attention to other things."

It is unknown when a sentencing hearing will be held.

Alperstein says Mosby won't get the full possible sentence. However, three convictions are not going to help the matter.

"It will not be helpful to her that she has two separate criminal events with three convictions," Alperstein said. "I think the government is going to make a lot out of it."