W. Va. Code § 32B-2-4 – Criminal penalties.

(a) Any person who willfully violates:
1. (1) Any provision of this chapter; or
2. (2) Any rule or order of the commissioner under this chapter shall, upon conviction of each violation, be fined not more than $20,000 or imprisoned at a state correctional facility not more than ten years, or both.
(b) Any person convicted of violating a rule or order under this chapter may be fined but not imprisoned if the person proves that he or she had no knowledge of the rule or order.
(c) The commissioner may refer any evidence concerning violations of this chapter or any rule or order of the commissioner to the United States attorney or the appropriate county prosecuting attorneys, who may, with or without a reference from the commissioner, institute the appropriate criminal proceedings under this chapter.