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Opening statements to begin in Marilyn Mosby's mortgage fraud trial

Opening statements to begin Monday in Marilyn Mosby's mortgage fraud trial
Opening statements to begin Monday in Marilyn Mosby's mortgage fraud trial 04:18

BALTIMORE --  Opening statements are set to begin Monday in former Baltimore City State's Attorney Marilyn Mosby's mortgage fraud trial.

A jury of 12 with four alternates was seated late Thursday after two days of questioning a panel of 70 potential jurors at the federal courthouse in Greenbelt. 

Opening statements in the case are scheduled to begin Monday morning at 9:30. 

Her financial records are among the likely evidence jurors will consider, likely including once private text messages the government was able to obtain. You can see some of them that were presented in her November perjury trial here.

Jurors will likely see purchase agreements for her Florida vacation homes at the center of the case.

Prosecutors have access to communications between Mosby and those handling her mortgages

In one exchange, Mosby writes, "Hey we found a house and we need the pre-approval paperwork."

Later, encountering problems trying to close the loan, she texts, "I have a potential solution if need be, I could take out the $7000 from my retirement account. I would prefer not to do that but I can if necessary."

When she gets the property, she thanks the employee of My Easy Mortgage who welcomes her as a "Florida homeowner."

But prosecutors allege Mosby knowingly broke the law in failing to disclose a tax lien of more than $45,000. 

She claims she had no knowledge of the lien and blames her ex-husband, Nick Mosby, the Baltimore City Council president. 

He may testify in this case.

The former Baltimore City State's Attorney also agreed to "maintain exclusive control" over the property and not rent it out but signed a contract with a property management company for short-term rentals. You can see that document here.

The government said Mosby signed loan paperwork that says she "fully understands that it is a federal crime punishable by fine or imprisonment" to lie on mortgage documents and another clause that it is "punishable by up to 30 years in federal prison or a $1,000,000 fine, or both."

Mosby now faces two counts and a maximum of 60 years behind bars—although a sentence that long is highly unlikely if she is found guilty. 

The former Baltimore City State's Attorney is represented by public defender James Wyda who walked into court with her for the second day of jury selection.

WJZ Investigator Mike Hellgren asked Mosby if she was hopeful a jury would be seated Thursday. She responded "hopeful" before entering the courthouse. 

Several potential jurors said they have already heard about Mosby and her legal troubles, including some who have watched coverage on WJZ. 

Mosby successfully petitioned to get the trial moved to Greenbelt, Prince George's County because she did not feel she could get a fair trial with the publicity in Baltimore. 

The mortgage fraud trial could last into the first week of February. 

In November, Mosby was convicted of perjury in a related case, but she won't be sentenced until the completion of this second federal trial

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