§ 1-305. Penalties  


Latest version.



  •    (a) Officers, employees, agents and directors of institution. -- Any officer, employee, agent, or director of a fiduciary institution who knowingly and willfully discloses financial records in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not more than $ 1,000.

    (b) Others. -- Any person who knowingly and willfully induces or attempts to induce an officer, employee, agent, or director of a fiduciary institution to disclose financial records in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not more than $ 1,000.

    (c) Subsections (a) and (b) inapplicable to abuse reports. --

       (1) Subsections (a) and (b) of this section do not apply in connection with an abuse report required under § 1-306(d) of this subtitle.

       (2) A fiduciary institution that fails to file an abuse report concerning an elder adult as required under § 1-306(d) of this subtitle is subject to:

          (i) A civil penalty not exceeding $ 1,000; or

          (ii) If the failure to report is willful, a civil penalty not exceeding $ 5,000.

       (3) The civil penalties provided under paragraph (2) of this subsection:

          (i) May be recovered only in a civil action brought by the Attorney General against the fiduciary institution; and

          (ii) Shall be paid by the fiduciary institution.

       (4) A person who discloses information contained in an abuse report in violation of § 1-306(d)(4) of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 500.


HISTORY: An. Code 1957, art. 11, § 227; 1980, ch. 33, § 2; ch. 457; 2012, chs. 324, 325.