§ 5-623
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/md/criminal-law/5-623A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§5–623.
(1)In this section the following words have the meanings indicated.
(2)“Drug crime” means:
(i)a crime under this title; or
(ii)a crime committed in another jurisdiction that would be a crime under this title if committed in this State.
(3)“Financial transaction” means:
(i)a payment;
(ii)a purchase;
(iii)a sale;
(iv)a loan;
(v)a pledge;
(vi)a transfer;
(vii)a delivery;
(viii)a deposit;
(ix)a withdrawal; or
(x)an extension of credit or exchange of a monetary instrument or equivalent property, including precious metals, stones or jewelry, airline tickets, stamps, or credit in a financial institution as defined in § 1-101 of the Financial Institutions Article.
(4)“Monetary instrument” means:
(i)coin or currency of the United States or any other country;
(ii)a bank check;
(iii)a travelers’ check;
(iv)a money order;
(v)an investment security; or
(vi)a negotiable instrument.
(5)“Proceeds” means money or any other property with a value exceeding $10,000.
(b)Except for a financial transaction necessary to preserve a person’s right to representation as guaranteed by the 6th Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights, a person may not, with the intent to promote a drug crime or with the intent to conceal or disguise the nature, location, source, ownership, or control of proceeds of a drug crime:
(1)receive or acquire proceeds knowing that the proceeds are derived from a drug crime;
(2)engage in a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime;
(3)give, sell, transfer, trade, invest, conceal, transport, or maintain an interest in proceeds knowing that the proceeds are derived from a drug crime;
(4)direct, promote, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds knowing that the proceeds are derived from a drug crime; or
(5)conduct a financial transaction involving proceeds knowing that the proceeds are derived from a drug crime.
(c)A person who violates this section is guilty of a felony and on conviction is subject to:
(1)for a first violation:
(i)imprisonment not exceeding 5 years;
(ii)a fine not exceeding the greater of $250,000 or twice the value of the proceeds involved in the financial transaction; or
(iii)both; or
(2)for each subsequent violation:
(i)imprisonment not exceeding 10 years;
(ii)a fine not exceeding the greater of $500,000 or 5 times the value of the proceeds involved in the financial transaction; or
(iii)both.
(d)Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.