(a) A person convicted of a fraudulent viatical settlement act is guilty of a felony and, upon conviction thereof, shall be sentenced as follows:
(1) Imprisonment in a state correctional facility for not more than twenty years or payment of a fine of not more than $100,000, or both, if the value of the viatical settlement contract is more than $35,000;
(2) Imprisonment in a state correctional facility for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the viatical settlement contract is more than $2,500, but not more than $35,000;
(3) Imprisonment in a state correctional facility for not more than five years or payment of a fine of not more than $10,000, or both, if the value of the viatical settlement contract is more than $500, but not more than $2,500.
(b) Any person who violates any other provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or confined in jail not more than one year, or both fined and confined.
Structure West Virginia Code
Article 13C. Viatical Settlements Act
§33-13C-3. License and Bond Requirements
§33-13C-4. License Revocation and Denial
§33-13C-5. Approval of Viatical Settlement Contracts and Disclosure Statements
§33-13C-6. Reporting Requirements and Privacy
§33-13C-7. Examination or Investigation
§33-13C-8. Disclosure to Viator
§33-13C-9. Disclosure to Insurer
§33-13C-11. Prohibited Practices
§33-13C-12. Prohibited Practices and Conflicts of Interest
§33-13C-13. Advertising for Viatical Settlements
§33-13C-14. Fraud Prevention and Control
§33-13C-15. Injunctions; Civil Remedies; Cease and Desist
§33-13C-16. Criminal Penalties