(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 conviction, 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 benefits 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
amount 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 special
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 not be used to offset future benefits payable to
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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