West Virginia Code § 33-41-8b

Fraud investigators may present complaint directly to magistrate
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Notwithstanding any other provision of this code to the contrary, any person authorized
under this article to initiate and conduct investigations may submit complaints directly to a
magistrate after review and approval by the prosecuting attorney, if the complaint is related
to the business of insurance and may be prosecuted as a criminal violation under this
chapter; chapter twenty-three of this code; article three, chapter sixty-one oef this code; or
section five, article four of said chapter.
The complaint shall be in the form of a written statement of the essential facts constituting
the offense charged. The complaint shall be presented to and swuorn before a magistrate in
the county where the offense is alleged to have occurred.
If it appears from the complaint, or from an affidavit or affidavits filed with the complaint,
that there is probable cause to believe that an offense has been committed and that the
defendant committed it, a warrant for the arrest of the defendant shall be issued to any
officer authorized by law to arrest persons chargedl with offenses against the state.

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