Home Table of Contents

§ 14-605. Fraudulent actions prohibited; fines and penalties

West's Annotated Code of MarylandState Finance and ProcurementEffective: October 1, 2010

West's Annotated Code of Maryland
State Finance and Procurement
Division II. General Procurement Law [Titles 11-End] (Refs & Annos)
Title 14. Preferences (Refs & Annos)
Subtitle 6. Veteran-Owned Small Business Enterprise Participation (Refs & Annos)
Effective: October 1, 2010
MD Code, State Finance and Procurement, § 14-605
§ 14-605. Fraudulent actions prohibited; fines and penalties
Currentness
Fraudulent actions prohibited
(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.
Fines and penalties
(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.
Satisfaction of penalties required to contract with State
(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.
Duty to report violations
(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.

Credits

Added by Acts 2010, c. 507, § 1, eff. Oct. 1, 2010; Acts 2010, c. 508, § 1, eff. Oct. 1, 2010.
MD Code, State Finance and Procurement, § 14-605, MD STATE FIN & PROC § 14-605
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document