2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 14-605 - Prohibited acts; penalties; prohibition from further contracting with State; report

§14-605.

(a) A person may not:

(1) knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain, public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this article;

(2) knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a bid preference or a procurement contract;

(3) willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) willfully and knowingly fail to file any declaration or notice with the unit that is required by this subtitle; or

(6) establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of items (1) through (5) of this subsection.

(b) (1) A person who violates any of the provisions of subsection (a) of this section shall be guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.

(2) In addition to the penalties under paragraph (1) of this subsection, a person who violates any of the provisions of subsection (a) of this section shall be:

(i) for the first offense, liable for a civil penalty of not less than $10,000 and not exceeding $30,000; and

(ii) for a subsequent offense, liable for a civil penalty of not less than $30,000 and not exceeding $50,000.

(3) A person who violates any of the provisions of subsection (a) of this section shall pay all costs and attorney’s fees incurred by the plaintiff in a civil action brought under this subtitle.

(c) The Board shall prohibit a business or person who fails to satisfy the penalties, costs, and attorney’s fees imposed under subsection (b) of this section from further contracting with the State until the penalties are satisfied.

(d) (1) A unit shall report all alleged violations of this section to the Board.

(2) The Board subsequently shall report all alleged violations of this section to the Office of the Attorney General, which shall determine whether to bring a civil action against a person or business for a violation of this section.