Maryland Code, CRIMINAL LAW 5-623
Terms Used In Maryland Code, CRIMINAL LAW 5-623
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Conviction: A judgement of guilt against a criminal defendant.
- including: means includes or including by way of illustration and not by way of limitation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(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.