Newly released mortgage fraud trial evidence includes IRS delinquency notices for Nick and Marilyn Mosby

BALTIMORE -- Trial evidence released to the public Tuesday shows several of the delinquency notices the IRS sent to Marilyn Mosby and her husband at the time, Baltimore City Council President Nick Mosby. 

They owed thousands of dollars in back taxes, yet Marilyn Mosby never mentioned it when she filled out mortgage applications for two Florida vacation homes. That lead, in part, to the mortgage fraud charges she now faces. 

She has claimed she knew nothing about the tax debt and has blamed her ex-husband for the issue.

Nick Mosby is not charged in the case but was mentioned in court as a possible witness. Marilyn Mosby served two terms as Baltimore City State's Attorney, the city's top prosecutor. 

You can see more of the tax records presented as evidence in Marilyn Mosby's ongoing trial here.

Mosby arrived in Greenbelt almost half an hour late Tuesday and was confronted by a local activist as she entered federal court. 

On the witness stand, her legal team tried to undercut the underwriters who are responsible for checking her loan paperwork.

Two of them testified for the prosecution. 

The Assistant United States Attorney walked jurors through what he said are lies that Mosby knowingly made, including falsely claiming she would not rent out her home near Walt Disney World in Orlando to get a lower interest rate. 

She signed a contract to do just that. 

Jurors saw multiple emails between Mosby and the property management company. 

Prosecutor Aaron Zelinsky told the judge Tuesday, "The defense is staking its claim that she clearly didn't know what she was doing." 

The government has argued Mosby was a savvy attorney who tried to get around the law. They wanted to introduce recordings she made to get money from her retirement account to buy the Florida properties that show she was knowledgeable about real estate transactions. 

The judge ultimately decided not to allow jurors to hear the recordings, in keeping with her prior ruling to bar jurors from hearing about Mosby's perjury conviction in November 2023. 

In her opening statement in the case on Monday, Sedira Banan, the Assistant Federal Public Defender who represents Mosby, said her client bought the Florida homes for "increased financial independence" and noted her name was not even on the deed to her Baltimore home despite her powerful position. "Marilyn Mosby was a novice, a rookie, when it came to real estate," Banan said. She told jurors Mosby "expected her husband to address their taxes." 

Banan added, "She acted in good faith. She committed no crime. Marilyn Mosby is innocent."

The final prosecution witness Tuesday was FBI forensic accountant Jenna Bender. She tracked Mosby's whereabouts, determining she was not in Florida for the 70 days she claimed in a letter to her mortgage company. 

Bender also testified about evidence of a fake $5,000 gift Nick Mosby gave Marilyn to close on one of the properties. They allege Marilyn Mosby funded that gift and lied about it to the mortgage company. 

Public defender James Wyda indicated the defense would cross examine Bender for two hours on Wednesday before presenting a motion to acquit Mosby.