Marilyn Mosby cites her unestablished business as reason for financial hardship during perjury trial.

Former Baltimore State Attorney Marilyn Mosby’s defense team has outlined her trial strategy in a recent court filing. They argue that a side job she did not start while serving as a top prosecutor put her at a financial disadvantage. Her defense attorney plans to argue in her perjury trial that someone else caused the attack. They also intend to exercise her Fifth Amendment right not to testify in the mortgage fraud case, but she plans to take the stand in the perjury trial as ordered by a judge.

The filing states that Mosby has claimed in a sworn statement that she suffered adverse financial effects due to the coronavirus pandemic, which allowed her early access to her retirement benefits. However, federal prosecutors allege that her financial statements do not reflect any such losses and accuse her of committing perjury. Mosby’s lawyers are now requesting that her financial statements be withheld from the government, arguing that they do not account for the “sunk costs” associated with her business.

They explain that when the pandemic hit, Mosby’s business was not yet generating income as it was still in the early stages of development. Due to the pandemic, her practice could not proceed, resulting in expenses and a reduction in expected profits. Mosby’s attorneys want to prevent jurors from hearing about her increased income during the pandemic, as they believe it would confuse the issue.

The defense and prosecutors have been embroiled in a dispute over how to define the economic hardship conditions outlined in the CARES Act. The defense argues that the financial adverse condition is too strict and lacks a defined threshold. They claim Mosby was not given prior notice of these requirements and therefore could not comply with the law.

Mosby’s case has been moved from Baltimore to Greenbelt, and there will be separate trials for the perjury and mortgage fraud charges. Her defense team states that she plans to testify in the perjury trial, explaining her reasons for believing she suffered a financial setback. They are asking the court to prevent prosecutors from questioning her about the mortgage fraud case during the perjury trial.

In the mortgage fraud case, Mosby is accused of making false statements on paperwork relating to the purchase of two Florida properties. Her defense attorneys argue that invoking the Fifth Amendment in front of a jury puts them at an unfair disadvantage. The case remains ongoing, and updates may be provided in the future.