§ 5-623. Proceeds of drug crime

MD Crim Law Code § 5-623 (2019) (N/A)
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(a)    (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.