Marilyn Mosby fights to keep government from selling Florida condo during appeals, says it's her "only significant asset"
Lawyers for Marilyn Mosby, the former two-term Baltimore City State's Attorney, are fighting to keep the government from selling her Florida condo, which she claims is her only major asset.
Last month, Mosby won her fight to stay out of prison, but she is still appealing her conviction and asking for a presidential pardon. Her legal team says while that appeal is pending, she should not have to give up her property.
They argue the judge at sentencing wrongly ruled she should have to forfeit the condo in Longboat Key, Florida and in new filings, are demanding an appeals court overturn the order.
They claimed the condo has almost doubled in value since Mosby purchased it and could be worth more than $900,000 today. Mosby's filing argued forfeiture is excessive punishment for the $5,000 gift letter she was convicted of using to fraudulently obtain the mortgage.
Her lawyers called the forfeiture "grossly disproportional to the gravity of Ms. Mosby's offense. In particular, forfeiture…would impose a fine 92 times greater than the value of the gift letter."
Her lawyers also said, "…The home has served as a critical source of rental income; it could soon become her sole source of income now that her legal career is in jeopardy."
Mosby's filing also said, "The home is Ms. Mosby's only significant asset. She is otherwise significantly in debt…"
The former top city prosecutor is also appealing her convictions on mortgage fraud and perjury and she remains on home detention for the next year.
In court filings since her sentencing, her defense argues the offenses did not happen in Maryland and the case should have been tried in Florida.
Mosby has not accepted responsibility for the crimes and her website still maintains she was "wrongfully convicted" as part of a "federal witch hunt" on "trumped up charges" that were payback for her progressive policies while serving as Baltimore City State's Attorney.
The government has steadfastly denied Mosby's accusations and pushed for the forfeiture. Prosecutors have not responded to the latest filing but said in court last month "Mosby should not get to profit from her crime." They accused her of being behind thousands of dollars in condo fee payments.
After Mosby's sentencing, William Delbagno the special agent in charge of the FBI in Baltimore wrote in a statement, "Citizens of Baltimore deserve to have utmost trust in their elected officials. Ms. Mosby did not show the integrity and leadership required of her and her office."
Under the current forfeiture order, Mosby will only receive her ten percent down payment back—and ten percent of the appreciation in value. That is expected to be less than $100,000.
This week, trial judge Lydia K. Griggsby modified Mosby's home detention order allowing her to use the common areas in her apartment complex.
