Current with changes from the 2024 Legislative Session
Section 5-623 - Proceeds of drug crime(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:(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;(iii) a travelers' check;(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(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(d) Notwithstanding any other provision of law, for purposes of this section each financial transaction is a separate violation.