Mosby's attorneys file motion to dismiss 2 charges
BALTIMORE -- Baltimore City State's Attorney Marilyn Mosby's defense filed a motion last week asking for perjury charges against her to be dropped, saying Mosby did not deceive anyone when she self-certified she suffered "adverse financial consequences" during the COVID-19 pandemic.
At issue is the the $40,000 and $50,000 prosecutors Mosby withdrew from her city retirement account to purchase two Florida properties. A provision of the CARES Act waived penalties on withdrawals for people who were adversely affected by the COVID-19 pandemic.
In their July 8 filing, Mosby's attorneys argued that by checking a box saying she had suffered "adverse financial consequences" on her request for a coronavirus-related distribution from her account, Mosby had not influenced a "decision-making body."
Her defense claimed language in the CARES Act ultimately places the responsibility for withdrawals on the account holder.
"It takes the qualification decision-making out of the hands of the plan and places it solely with the participant," Mosby's defense attorneys wrote. "And when a participant self-determines they are qualified, they fill out the distribution form and ask the plan for the distribution."
The assertion by the federal government that her self-certification influenced the account holder or the city to release the money from her retirement account is "simply false," her attorneys argued.
Mosby's defense also argued the federal government is conflating "financial hardship" and "adverse financial consequences."
"'Hardship' connotes systemic financial difficulties; whereas 'adverse financial consequences' connotes, at most, isolated incidents of lost income or currency," they wrote.
Prosecutors previously alleged Mosby had not endured financial hardship as a result of "being quarantined, furloughed or laid off" or "having reduced work hours," among other reasons listed on the form for the withdrawal.
Mosby was charged on Jan. 13 with two counts of perjury and two counts of making a false statement on a mortgage application, which are linked to the purchases of two vacation homes in Florida.
In a June filing, Mosby's defense argued "the phrase 'adverse financial consequences' is fundamentally ambiguous and as such, insufficient to support the perjury charges…"
Mosby has maintained her innocence, saying the charges against her are a politically motivated backlash against her progressive policies. She's pleaded not guilty to all four counts.
Mosby's trial is scheduled for Sept. 19.
