2019 Maryland Code
Insurance
Title 27 - Unfair Trade Practices and Other Prohibited Practices
Subtitle 4 - Fraudulent Insurance Acts
§ 27-408. Penalties

    (a)    (1)    A person that violates § 27–407 of this subtitle, or another provision of this subtitle in which the claim or act that is the subject of the fraud has a value of $300 or more is guilty of a felony and on conviction, for each violation, is subject to:

            (i)    liability for restoring to the victim the property taken or the value of the property taken; and

            (ii)    1.    for a violation of any provision of § 27–403 of this subtitle, a fine, the maximum of which is the greater of three times the value of the claim or act that is the subject of the fraud and $10,000 and the minimum of which is $500, or imprisonment not exceeding 15 years or both; and

                2.    for a violation of any provision of § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 27–407.1, or § 27–407.2 of this subtitle, a fine not exceeding $10,000 or imprisonment not exceeding 15 years or both.

        (2)    A person that violates a provision of this subtitle in which the claim or act that is the subject of the fraud has a value of less than $300 is guilty of a misdemeanor and on conviction, for each violation, is subject to:

            (i)    liability for restoring to the victim the property taken or the value of the property taken; and

            (ii)    1.    for a violation of any provision of § 27–403 of this subtitle, a fine, the maximum of which is the greater of three times the value of the claim or act that is the subject of the fraud and $10,000 and the minimum of which is $500, or imprisonment not exceeding 18 months or both; and

                2.    for a violation of any provision of § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 27–407.1, or § 27–407.2 of this subtitle, a fine not exceeding $10,000 or imprisonment not exceeding 18 months or both.

    (b)    (1)    The penalties imposed under this section may be imposed separately from and consecutively to or concurrently with a sentence for another offense based on the act that constitutes a violation of this subtitle.

        (2)    Each act of solicitation under § 27–407 of this subtitle constitutes a separate violation for purposes of the penalties imposed under this section.

        (3)    Notwithstanding any other provision of law, a fine imposed under subsection (a) of this section is mandatory and not subject to suspension.

    (c)    (1)    In addition to any criminal penalties that may be imposed under this section, on a showing by clear and convincing evidence that a violation of this subtitle has occurred, the Commissioner may:

            (i)    impose an administrative penalty not exceeding $25,000 for each act of insurance fraud; and

            (ii)    order restitution to an insurer or self–insured employer of any insurance proceeds paid relating to a fraudulent insurance claim.

        (2)    In determining the amount of an administrative penalty, the Commissioner shall consider:

            (i)    the nature, circumstances, extent, gravity, and number of violations;

            (ii)    the degree of culpability of the violator;

            (iii)    prior offenses and repeated violations of the violator; and

            (iv)    any other matter that the Commissioner considers appropriate and relevant.

        (3)    If an administrative penalty is not paid after all rights of appeal have been waived or exhausted, the Commissioner may bring a civil action in a court of competent jurisdiction to collect the administrative penalty, including expenses and litigation costs, reasonable attorney’s fees, and interest.

    (d)    This section does not affect an insurer’s right to take any independent action to seek recovery against a person that violates this subtitle.