Reply to Marilyn Mosby, Baltimore State Attorney, indicted for perjury

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]What triggered the review? It says the Feds asked for finances going back to 2014. You need probable cause to look at someone's mortgage documents. Did the bank report her? Further, how did they even identify that she had an agreement with a vacation rental management company?

I guarantee that the Feds are not looking at the mortgage financing documents of Senators, Governors, and other DAs. Many of whom have hinky stuff like this.

Also, I guarantee the retirement loan charge will get thrown out of court. That's a laughable charge. The language in the statute is so widely written you can drive a truck through it. I'm a federal employee who kept their job and my agency was sending all these emails about how we could tap our thrift balance for any impact related to COVID. If Mosby gave money to her family members during the pandemic, that's considered an economic impact. The burden of proof on this charge will be very high for the Feds to prove. It's a laughable charge.[/quote]

She broke several laws.....And, she met NONE of the requirements for the withdrawal of money.

A question I have..... she reportedly made $150,000 on the sale of the first FL property.  Why did she not pay of her taxes at that point?

[quote]According to charging documents, Mosby in May 2020 requested a one-time withdrawal of $40,000 from her city retirement account, falsely certifying under penalty of perjury that she had experienced financial hardship as a result of “being quarantined, furloughed or laid off,” “having reduced work hours,” “being unable to work due to lack of child care” or “the closing of reduction of hours of a business I own or operate.”

In fact, her 2020 salary was nearly $248,000 and was unaffected by the pandemic. “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,” charging documents say.

Mosby received $36,000 in withdrawal money and put it toward a down payment for a vacation home in Kissimmee, Fla. The indictment alleges that she lied in order to lower the mortgage’s interest rate: she purportedly told lenders it would serve as a second home, but a week earlier had signed an agreement with a vacation home management company to list the property for short-term rentals.

Mosby also allegedly lied to mortgage lenders about tax liabilities. The IRS filed a $45,022 lien against her in March 2020 for unpaid back taxes, but she did not disclose in the September 2020 application that she owed significant amounts of federal taxes nor that she was delinquent.

She purchased the Kissimmee home for a total of $545,000 in September 2020. It served as a rental property until she sold it in November 2021 for a $150,000 profit.

[/quote]

Here is what started the probe:

[quote]She and her husband, City Council President Nick Mosby, have been under federal investigation since at least February 2021, when the FBI issued subpoenas tied to their financial records.

The probe began after a city investigation into her travel by Inspector General Isabel Mercedes Cumming. Mosby requested the investigation herself, after she was criticized for failing to clear travel paid for by third parties, such as nonprofits, with Baltimore’s spending board. Cumming’s OIG report faulted her, but City Solicitor Jim Shea said in a legal opinion that the city’s policy on third party travel funding was unclear.[/quote]

https://www.wypr.org/wypr-news/2022-01-13/marilyn-mosby-indicted-for-perjury-false-mortgage-applications[/quote]

How do you know whether she or her husband never got COVID?[/quote]

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,”[/quote]

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.  [/quote]
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.[/quote]

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