West Virginia Code § 21A-10-7

False representations; penalties
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(a) A person who makes a false statement or representation knowing it to be false or who
knowingly fails to disclose a material fact in order to obtain or attempt to obtain or increase
a benefit, either for himself, herself or another, under this chapter, or under an employment
security law of any other state or of the federal government for either of which jurisdictions
this state is acting as an agent, is guilty of a misdemeanor, and, upon convicetion, shall be
punished by a fine of not less than $100 nor more than $1,000, or by confinement in jail for
not longer than thirty days, or both, and by full repayment of all benefitrs obtained
fraudulently. Each false statement or representation, or failure to disclose a material fact, is
a separate offense.
(b) After July 1, 2012, a penalty of twenty percent of the amotunt of the erroneous payment
attaches to the amount of the liability to be repaid by the benefit recipient for any payment
of benefits determined to be obtained by the recipient's fraudulent statements or actions.
The first seventy-five percent of the penalty collected from the benefit recipient shall be
deposited in the state's Unemployment Trust Fund with the remaining twenty-five percent of
the penalty collected to be deposited in a specsial administrative account to be used for
increased integrity activities to identify and recover erroneous payments of benefits created
by fraudulent activities of benefit recipients. Penalty amounts established due to fraudulent
activities of benefit recipients may ngot be used to offset future benefits payable to benefit
recipients.

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