I don't. But, she did not experience a financial hardship if she did.......and that is what the guidelines state. “Rather than experiencing a reduction in income in 2020, Mosby’s gross salary in 2020 increased over her gross salary in 2019, which was $238,772.04,” |
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Here's the rules on pulling money out of your retirement account. If she or her husband simply had COVID, they can take out money.
https://www.irs.gov/newsroom/coronavirus-relief-for-retirement-plans-and-iras#collapseCollapsible1626876082073 I think the federal case on that particular charge is a huge stretch. |
But that's not what they state, which is the point. Having your own income reduced is only one of the many possible reasons you were allowed to get one of these withdrawals. According to the IRS webpage: "You are a qualified individual if – You are diagnosed with the virus SARS-CoV-2 or with coronavirus disease 2019 (COVID-19) by a test approved by the Centers for Disease Control and Prevention; Your spouse or dependent is diagnosed with SARS-CoV-2 or with COVID-19 by a test approved by the Centers for Disease Control and Prevention; You experience adverse financial consequences as a result of being quarantined, being furloughed or laid off, or having work hours reduced due to SARS-CoV-2 or COVID-19; You experience adverse financial consequences as a result of being unable to work due to lack of child care due to SARS-CoV-2 or COVID-19; or You experience adverse financial consequences as a result of closing or reducing hours of a business that you own or operate due to SARS-CoV-2 or COVID-19."https://www.irs.gov/newsroom/coronavirus-related-relief-for-retirement-plans-and-iras-questions-and-answers It's odd that they indictment only addresses one of these. If she, her husband, or her kids got COVID, she qualified. If her spouse got quarantined, lost hours, or got laid off, she qualified. If her childcare closed and her spouse couldn't work, she qualified. I doubt there's anyone in the country that didn't qualify for one of these exceptions. You can drive a truck through them. |
That is weird. I’ve seen closing statements which itemize money from the sale that needs to satisfy a debt like that before any money goes to the sellers. |
I can guarantee that they had at least some childcare issues since they have two elementary-school-aged kids, but they didn’t suffer financial consequences that I can tell. |
How could you not suffer "adverse financial consequences" if your day care shuts down? You need to get alternate care, take off work, etc. The law doesn't say it has to be a really bad or has to be a hardship. It just has to be "adverse." |
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This case is leftover from the Trump presidency. There's still a bunch of his goons running around DOJ.
If DJT was re-elected, my guess is that he was going to use DOJ on places like Baltimore and Chicago to launch politically-motivated investigations. Just more fodder for Fox News. |
| Not clear What CARES fund she used - for PPP? |
She didn't use CARES funds. The CARES Act allowed you to take a penalty free withdrawal from your retirement accounts if you or a member of your household got COVID or if you suffered any "adverse" financial situation due to COVID. Mosby took out that money from her own retirement funds and used the money as a downpayment on two homes in Florida. The DOJ is saying she (1) lied and inappropriately took a withdrawal from her retirement account and (2) lied on her mortgage documents when she bought a vacation home (she did not disclose to the lender that she owed money to the IRS). (1) is a laughable charge, it going to get tossed. (2) has merit, but feels flimsy. She apparently told the lender it was a 2nd home, so she didn't get the primary household mortgage rate. As a 2nd home owner, you can hire a management company to maintain and rent the house while you're not using it. The thing about the IRS is legit. |
Then what's the problem? I also don't see closing companies doing a lot of DD before disbursing funds. She must have reported that income to IRS or she would do with 2021 taxes? |
Just to point out.....
https://www.cnn.com/2022/01/14/us/baltimore-marilyn-mosby-indicted-perjury/index.html If any of these charges are true......she lied. On official documents. |
Right, the CARES distribution from her 457 retirement fund would've been taxable income and taxes would've been withheld by the employer. The DOJ is claiming she didn't have a good excuse to take out the funds, but the law itself is written in such a way that anyone can have a financial hardship related to COVID (even if they didn't lose their job or income). We worked the entire time and definitely had COVID-related hardships for childcare, buying masks and tests, etc. If Mosby or her husband got sick with COVID, that would qualify. The stuff about the mortgage fraud feels flimsy. The DOJ is basically saying she bought it as an investment property, whereas she told the lender it was a 2nd home. Essentially, DOJ is saying that anyone who is renting their 2nd home on VRBO while owing a mortgage is committing fraud. It's bunk. The final piece is the disclosure about owing the IRS money. She did not disclose it to the lender. But it's unclear to me if this is a long-standing debt, if it was in her husband's name, or if she even had proper notification from the IRS. This is the only charge with actual legs. Anyways, the whole thing smells politically motivated. If she's guilty, then pretty much everyone who owns a 2nd home with a mortgage is guilty. |
DJT does not care about Baltimore taking down Baltimore politicians.
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The charges are Federal. I think DJT cared a great deal about DJT’s DOJ taking down Baltimore politicians. |