WVC 32 - 4 - 409
§32-4-409. Criminal penalties.
(a) Any person who willfully violates any provision of this
chapter, except section 404, or who willfully violates any rule or
order under this chapter, or who willfully violates section 404
knowing the statement made to be false or misleading in any
material respect, shall be guilty of a felony and, upon conviction
thereof, shall be fined not more than fifty thousand dollars, or
imprisoned in the penitentiary not less than one nor more than
three years, or both fined and imprisoned; but no person may be
imprisoned for the violation of any rule or order if he or she
proves that he or she had no knowledge of the rule or order. No
indictment may be returned under this chapter more than five years
after the alleged violation.
(b) The commissioner may refer such evidence as is available
concerning violations of this chapter or of any rule or order
hereunder to the proper prosecuting attorney, who may, with or
without such a reference, institute the appropriate criminal
proceedings under this chapter.
(c) Nothing in this chapter limits the power of the state to
punish any person for any conduct which constitutes a crime by
statute or at common law.