Section 5-623 - Proceeds of drug crime. - Maryland Statutes

§ 5-623. Proceeds of drug crime.
 

(a)  Definitions.-  

(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)  Prohibited.- 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)  Penalty.- 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)  Separate violation.- Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation. 
 

[An. Code 1957, art. 27, § 297B; 2002, ch. 26, § 2; 2003, ch. 21, § 1.]