In July, a three-judge panel of the Fourth Circuit upheld Mosby’s convictions for perjury while overturning her mortgage fraud conviction. One of the judges dissented, expressing that he would have maintained the mortgage fraud conviction.
Since neither party achieved a complete victory, both sought a rehearing by the full bench of the Fourth Circuit.
The court issued a brief, one-page order without providing any rationale, indicating that none of the judges requested a vote regarding the rehearing petitions. This ruling likely suggests that the existing convictions will remain intact, although Mosby retains the option to appeal to the U.S. Supreme Court.
Under the Federal and Local Rules of Appellate Procedure, rehearing en banc is generally discouraged.
Federal circuit courts may consider petitions for en banc rehearings if a party believes the decision of the three-judge panel contradicts established Supreme Court or appellate court precedents, or if the case addresses issues of exceptional significance.
Jim Wyda, the Federal Public Defender representing Mosby, did not immediately reply to a request for comments. Meanwhile, the Maryland U.S. Attorney’s Office opted not to comment on this matter.
In separate trials, Mosby was found to have withdrawn $90,000 from her retirement savings to use as down payments for two properties in Florida. She claimed these withdrawals were necessary due to adverse financial effects caused by the pandemic, which allowed her to benefit from favorable tax terms.
Additionally, she stated that her then-husband, former state delegate and City Council President Nick Mosby, provided her with $5,000 for one of the homes; however, this money was her own.
In her appeal against the convictions, Mosby contended that the phrase “adverse financial consequences” was overly vague and lacked clarity.
The panel from the Richmond-based Fourth Circuit upheld her perjury convictions, stating that the Maryland U.S. District Court was justified in using evidence showing she withdrew funds for property purchases. The panel concluded that these withdrawals were not a result of financial difficulties stemming from the pandemic.
Two of the three judges decided to reverse the mortgage fraud conviction, arguing that prosecutors had failed to establish Maryland as the proper jurisdiction. Conversely, the dissenting judge maintained that the case was appropriately filed in Maryland and that her conviction should stand.
While the criminal proceedings for Mosby are nearing a conclusion, she now faces a fresh legal battle in civil court.
Keith Davis Jr., along with his wife Kelly Davis, has filed a lawsuit against Mosby for malicious prosecution. This lawsuit stems from Mosby’s attempts to prosecute Davis for murder on four occasions, resulting in two hung juries and two convictions that were later overturned. The current City State’s Attorney, Ivan Bates, who succeeded Mosby, dismissed the charges and released Davis earlier this year as one of his first actions after taking office.
