Posted on 09/26/25
| News Source: FOX45
Baltimore, MD - Sept. 26, 2025 - Marilyn Mosby and federal prosecutors agree on something, according to newly filed court documents: the entire U.S. Court of Appeals for the Fourth Circuit should hear the case of the former top prosecutor of Baltimore City.
While the opposing parties agree there should be a new hearing, that’s where the similarities stop.
In July, a 2-1 ruling vacated Mosby’s mortgage fraud conviction, but upheld her perjury convictions. She was previously found guilty of lying about suffering a financial hardship during the COVID-19 pandemic to qualify for a CARES Act exemption, allowing her to withdraw money from her city retirement account without paying a penalty.
Now, Mosby’s legal team are asking the entire Fourth Circuit to take up the case en banc – or have all the judges on the court hear the case instead of just a panel of three judges like during the hearing that took place in Richmond, Va. in January.
In the court filing, Mosby’s attorneys argued the three appellate judges didn’t consider jury confusion arguments in their case during the appeal, and said by upholding the perjury conviction, “the panel created precedent that permits perjury prosecutions to rest on vague and undefined statutory language.”
“Left uncorrected, this decision does not just impact Ms. Mosby – it opens the door for prosecutors nationwide to criminals undefined statutory terms, expand perjury law far beyond its constitutional limits, and erode safeguards against unfair prejudice,” James Wyda wrote, Mosby’s federal public defender.
Federal prosecutors are also asking for an en banc hearing, but to uphold the mortgage fraud conviction. They argue the two judges who ruled to overturn Mosby’s convictions “resurrecteda nearly 90-year-old decision construing a long-defunct statute” that deals with where a false statement was made and the jurisdiction in which the crime can be prosecuted.
The case in question is United Sates v. Reass and prosecutors argue Reass “should be overruled.”
“It is an outlier that would be decided differently today under the Supreme Court’s modern venue principles,” U.S. Attorney for Maryland Kelly Hayes wrote.
A decision has yet to be made.
Mosby was convicted in two separate trials held in Greenbelt, Md. after her legal team successfully argued to have the trials held outside of Baltimore. She was found guilty of perjury in late 2023.
In January 2024, Mosby went to trial again for two federal mortgage fraud charges stemming from two Florida vacation homes she purchased; she used the funds from her retirement account as down payments on the properties. A jury found Mosby guilty of one of the mortgage fraud charges, pointing to a gift letter Mosby submitted to a lender indicating her then-husband, Nick Mosby, would give her $5,000 she needed to secure a favorable interest rate for the property.
However, Nick Mosby didn’t have the money, and Marilyn was the one who actually wired the funds to her then-husband, who shuffled it around before sending it to the lender.
Originally, Mosby was ordered to forfeit the Florida vacation home following her mortgage fraud conviction. But when that conviction was vacated, the forfeiture was also vacated.