Attorney discipline against Mosby may be ‘fast-tracked’ following perjury conviction
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attorney Marilyn Mosby leaves the federal courthouse in Greenbelt on Thursday after a jury convicted her of charges that she lied about the finances of a side business to improperly access retirement funds during the COVID-19 pandemic, using the money to buy two Florida homes. (AP Photo/Michael Kunzelman)” width=”300″ height=”200″ srcset=”https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-300×200.jpg 300w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-1024×683.jpg 1024w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-768×512.jpg 768w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-1536×1024.jpg 1536w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-2048×1365.jpg 2048w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-200×133.jpg 200w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-398×265.jpg 398w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-188×125.jpg 188w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-225×150.jpg 225w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-120×80.jpg 120w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-50×33.jpg 50w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-180×120.jpg 180w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-600×400.jpg 600w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-1296×864.jpg 1296w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-972×648.jpg 972w, https://thedailyrecord.com/files/2023/11/1-Mosby-pic-111023-468×312.jpg 468w” sizes=”(max-width: 300px) 100vw, 300px”/>Former Baltimore State’s attorney Marilyn Mosby leaves the federal courthouse in Greenbelt on Thursday after a jury convicted her of charges that she lied about the finances of a side business to improperly access retirement funds during the COVID-19 pandemic. (AP Photo/Michael Kunzelman)
Former Baltimore State’s attorney Marilyn Mosby could face an expedited attorney discipline process and potentially the swift suspension of her law license after her conviction this week on federal perjury charges.
Mosby will probably be disbarred if her conviction survives an expected appeal. But that process could take months or even years, depending on how long it takes for any appeal to work through the federal courts.
In the meantime, Maryland Bar Counsel can petition for a temporary suspension of Mosby’s law license because she has been convicted of a “serious crime” as it is defined under the Maryland Attorneys’ Rules of Professional Conduct.
A “serious crime” includes any offense that is punishable by three or more years in prison (the federal perjury charges each carry a maximum possible sentence of five years) and any crime that involves “false swearing” or “misrepresentation.”
A federal jury found Mosby guilty of two counts of perjury Thursday afternoon, determining that she lied when she self-certified under penalty of perjury that she qualified to take an early retirement withdrawal because of a pandemic-related financial loss. Federal prosecutors argued, and jurors agreed, that Mosby did not experience an “adverse financial consequence” that made her eligible to take money out of her retirement account under the CARES Act.
The conviction places Mosby squarely within the definition of a “serious crime,” meaning that she is required to promptly inform bar counsel, who oversees investigations and prosecutions of attorneys accused of misconduct in Maryland.
“If you get convicted of a crime you are fast-tracked through the disciplinary system,” said Craig Brodsky, a lawyer who defends attorneys accused of misconduct.
As of Friday afternoon, a petition for temporary suspension had not been filed with the Maryland Supreme Court, according to court records. Thomas M. DeGonia, who recently took over as bar counsel, declined to comment for this story.
A sentencing date has not been scheduled for Mosby, and it’s not clear when she might be sentenced because she still faces trial on two counts of mortgage fraud that were split from the perjury charges. Federal sentencings generally take place a few months after trial.
In cases where a lawyer has been convicted of a serious crime but will not be sentenced within the next month, bar counsel can petition the Maryland Supreme Court for immediate suspension of the lawyer’s license.
“The petition shall allege the finding of guilt and the delay in sentencing and request that the attorney be suspended immediately from the practice of law pending the imposition of sentence and entry of a judgment of conviction,” the Maryland rules state.
The Supreme Court would then give the lawyer 15 days to explain why he or she should not be suspended. After considering the response, the Supreme Court could then order the lawyer suspended from practicing law, or decide on a different outcome.
One example of this process is Baltimore attorney Kenneth Ravenell, who was convicted of money laundering in December 2021 and is currently petitioning the U.S. Supreme Court to hear his case. He remains on suspended status because his appeal is ongoing.
If Mosby denies the conviction, which is unlikely, or “intends to present evidence in support of a disposition other than disbarment,” the Maryland Supreme Court could assign a judge to hear her case. If her conviction is upheld in court, however, Mosby would likely only be able to present mitigating evidence, not challenge the underlying facts.
A final outcome, such as disbarment, would come after the conclusion of Mosby’s appeal if her conviction is upheld.
Mosby could also consent to a sanction during the attorney discipline process.
“I think what she’s looking at in the disciplinary process is a temporary suspension and the likelihood of disbarment or significant sanction unless the conviction gets overturned,” said Brodsky, who writes a monthly legal ethics column for The Daily Record.
Even if her conviction is overturned, Mosby could still face disciplinary action. Bar counsel could seek a penalty for violations of the rules of attorney conduct, though it would then have to prove those allegations in a more protracted process.
Mosby has been licensed to practice law in Maryland since 2006. She received her law degree from Boston College Law School in her home state of Massachusetts.
Mosby is not licensed to practice law in Massachusetts, according to the state’s Board of Bar Overseers.
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