Former Baltimore State’s Attorney Marilyn Mosby is asking the court to stay the forfeiture of the apartment pending an appeal

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Convicted former Baltimore State’s Attorney Marilyn Mosby is asking a federal district court to stay the forfeiture of her Longboat Key, Florida condominium while her case is heard before the U.S. Court of Appeals for the 4th Circuit.

In a motion filed Monday in the U.S. District Court for the District of Maryland, Mosby argued that the 4th The district will likely overturn U.S. District Judge Lydia K. Griggsby’s ruling that Mosby must give up his apartment because prosecutors failed to establish a District of Maryland venue on his mortgage fraud conviction.

Mosby argues that the Fourth Court will likely vacate her mortgage fraud conviction because the district court instructed the jury that the government is only required to prove that any act to commit the crime occurred within the District of Maryland, not to prove that “ a substantial element of the crime” occurred in Maryland.

“The instruction allowed the jury to find a finding based on the evidence that Ms. Mosby prepared or signed documents related to her Maryland mortgage application – even though she did not provide those documents from the State of Maryland and, therefore, did not provide any false statement from the State of Maryland ” wrote Mosby’s aide.

Mosby also argued that although prosecutors presented evidence that she signed a $5,000 gift letter on February 10, 2021 – which the jury found that she lied when she claimed her then-husband would send her $5,000 after the transaction closed – the government provided no evidence that Mosby was placed in custody in Maryland on that date.

Alternatively, even if the District Court upholds her mortgage conviction, Mosby argues that the appellate court would still likely invalidate the apartment forfeiture order because prosecutors failed to establish that her apartment was subject to forfeiture and the forfeiture constituted an unconstitutionally excessive fine.

Mosby purchased the Longboat Key condo in February 2021 for $476,000, and according to Mosby’s records, its current estimated market value is between $760,000 and $900,000.

In February, a federal jury found Mosby guilty of mortgage fraud after she was convicted of perjury in her first trial last November.

In February, judges found that Mosby lied when she sent a “gift letter” in 2021, claiming that her then-husband would send her $5,000 when he closed on their Florida apartment. In fact, prosecutors say, the money came from Mosby herself.

On the perjury charge, jurors found that Mosby lied about experiencing a pandemic-related financial loss in order to withdraw money from a city retirement account under the federal CARES Act.

Although a federal judge split the charges into two separate trials, prosecutors said the charges are related: Mosby lied to withdraw retirement money she had used for down payments on a pair of luxury vacation homes in Florida, and lied about her finances when he filed for establishing mortgages on real estate.

Griggsby sentenced Mosby to one year of house arrest and three years of supervised release. While under house arrest, Mosby can only remain at his residence, except for employment and other pre-approved activities. Mosby must also complete 100 hours of community service, Griggsby ruled.

In addition to filing an appeal, Mosby is also seeking a presidential pardon.

A Mosby aide did not immediately respond to a request for comment on Tuesday.

This story will be updated.