Any person having a duty to the financial institution or to a state agency to maintain the confidentiality of examination reports by the department of banking, who willfully and knowingly makes an unauthorized public disclosure of confidential information or records from a state-chartered depository financial institution examination report shall be subject to suit by the commissioner or Attorney General for civil penalties of up to $1,000:
Provided, That no such suit shall lie where the person was ordered to make the disclosure by a court of competent jurisdiction, or lawfully compelled to make the disclosure as part of a legislative or executive agency investigation. Officials of the financial institution or the commissioner may refer matters of possible wrongdoing discovered by the examination which impact on the institution's soundness or financial integrity, or which concern possible criminal conduct to law enforcement officials, or other appropriate governmental regulatory agencies, including appropriate State Bar or ethics officials and such referral shall not constitute public disclosure.
Structure West Virginia Code
Chapter 31A. Banks and Banking
Article 8. Hearings; Administrative Procedures; Judicial Review; Unlawful Acts; Penalties
§31A-8-1. Hearings Before Commissioner or Hearing Examiner; Procedure, etc.
§31A-8-2. Judicial Review; Appeals to Supreme Court of Appeals
§31A-8-5. Dealing in Own Stock; Stock Purchases; Limitations; Exceptions
§31A-8-6. Receiving Deposits or Issuing Choses in Action During Insolvency
§31A-8-7. Certifying Checks Falsely
§31A-8-8. False Statements Concerning Banking Institutions
§31A-8-8a. Unauthorized Disclosure of Information From a Financial Institution Examination Report
§31A-8-10. Unlawful Activity by Bank Personnel
§31A-8-11. Failure to Make, Publish or Distribute Reports; Penalty
§31A-8-12a. Banking From Mobile Units; Limitation of Messenger Services
§31A-8-12b. Installation and Operation of Customer Bank Communication Terminals Permitted
§31A-8-12c. Loan Origination Offices Permitted
§31A-8-12d. Expedited Procedure for Authorization of De Novo Branch Banks
§31A-8-16. Misdemeanors and Felonies