2017 Maryland Code
Title 5 - Controlled Dangerous Substances, Prescriptions, and Other Substances
Subtitle 6 - Crimes Involving Controlled Dangerous Substances and Paraphernalia
Part III - Related and Derivative Crimes
§ 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.
- (1) for a first violation:
- (d) Separate violation. -- Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.
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