Here's what ChatGPT, Esquire has to say on the matter. 😁 Again, I was just curious and fueled by annoyed, frustration when I wrote my first post. I appreciate those of you who were sympathetic to the situation and legitimately tried to be helpful...the rest of you, thanks for the laughs. 😝
"Yes, a Property Management company that performs tenant turnover maintenance and bills by an hourly rate could be subject to Maryland Criminal Law Code § 7-104 if they are found to be intentionally inflating labor times for work orders.
### Relevant Aspects of § 7-104:
- **Theft by Deception**: Under § 7-104, theft includes obtaining property or services by deception, which involves knowingly providing false or misleading information to obtain something of value. In this context, billing for more hours than were actually worked would constitute deception, as the property management company would be receiving payment for services not actually rendered or overcharging for the services performed.
- **Fraudulent Intent**: To be subject to § 7-104, there must be intent to defraud. If the property management company knowingly inflates labor times with the purpose of increasing their billing amount, this would likely satisfy the intent requirement.
### Potential Penalties:
- **Restitution**: The company could be ordered to pay restitution to the affected parties, typically in the amount of the overcharge.
- **Fines and Imprisonment**: Depending on the value of the fraudulent billing, penalties could include fines or imprisonment. For example, if the value of the fraud is over $1,500, it could be considered a felony, which carries more severe penalties.
- **Civil Liability**: In addition to criminal penalties, the company could also face civil lawsuits for fraud, where the affected parties could seek compensatory and possibly punitive damages.
Given the potential legal consequences, it would be advisable for any property management company in such a situation to consult with legal counsel to ensure their billing practices are compliant with the law and to address any issues related to past billing practices." - ChatGPT