V.I. Code tit. 24, § 313 (2019)
2019 US Virgin Islands Code|Title 24 - Labor|Chapter 12 - Virgin Islands Unemployment Insurance|§ 313. Penalties—Misrepresentation to obtain benefits

 (a)  (1) An insured worker shall be disqualified for waiting-week credit or benefits for any week of his unemployment if within the 24 calendar months immediately preceding such week he has, with intent to defraud by obtaining any benefits not due under this chapter, made a false statement or misrepresentation of a material fact, knowing it to be false or knowingly failed to disclose a material fact. The disqualification shall begin with the week in which the notice of such determination is mailed or otherwise delivered to the individual and shall continue for not more than the 51 weeks immediately following such week as determined by the Commissioner of Labor. The amount of the overpayment, if any, shall be the actual amount received by reason of the nondisclosure or misrepresentation. Provided, however, that no disqualification shall be imposed if proceedings have been undertaken against the claimant under paragraph 2 of this subsection. (2) Any person who makes a false or knowingly fails to disclose a material fact with intent to defraud by obtaining or increasing any benefit under this chapter or under an unemployment security law of any state, the Federal Government, or of a foreign government, either for himself or for any other person, shall be fined not less than $50 nor more than either $200 or an amount equal to five (5) times the amount of unemployment insurance benefits obtained in such false or fraudulent manner. However, in no instance shall the fine assessed be less than 15 percent of the amount of unemployment insurance benefits due to claimant fraud. In addition to the fines, a criminal penalty of imprisonment maybe imposed for not longer than sixty (60) days, and each such false statement, or representation, or failure to disclose a material fact shall constitute a separate offense. An amount equal to 15 percent of each over payment on which these penalties are assessed, will be transferred directly into the Unemployment Trust Fund account upon recovery. Misrepresentation by employing unit  (b)  (1) Any employing unit, or any officer or agent of an employing unit or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to defraud an individual by preventing or reducing the payment of benefits to which such individual would otherwise be entitled, or to avoid becoming or remaining a subject employer, or to avoid or reduce any contribution or other payment required from an employing unit under this chapter or under the employment security law of any state, the Federal Government, or of a foreign government, or who willfully fails or refuses to make any such contributions, or other payment, or to furnish any reports required hereunder or to produce, or permit the inspection or copying of records as required hereunder, shall be fined not less than $50 nor more than either $200 or an amount equal five (5) times the amount by which such employer benefited himself through false or fraudulent means, whichever is greater, or imprisoned for not longer than sixty (60) days, or both; and each such false payment or representation or failure to disclose a material fact, and each day such failure or refusal continues shall constitute a separate offense. (2) If any employing unit fails to file any report required by the Commissioner in the administration of this chapter on or prior to the assigned due date for such report, he shall be liable for a penalty of $5.00 for each calendar month or fraction thereof that such employing unit is delinquent, unless the Commissioner determines that such employing unit had good cause for failure to file such report or reports; Provided, however, That such penalty shall not exceed $60.00 for any one calendar year for any one employing unit. Upon discovery of such delinquency, the Commissioner shall promptly send a written notice to the employing unit requesting the filing of the delinquent report or reports and the payment of the penalty due. Within 15 days after such written request was mailed to the employing unit's last known address or otherwise delivered, the employing unit may appeal such request to a hearing examiner setting forth the reasons for such appeal. Proceedings on such appeal shall be in accordance with the provisions of subsection (f) of section 309 of this chapter and proceedings for judicial review of any decision rendered as a result of such appeal shall be in accordance with the provisions of subsection (g) of section 309 of this chapter. Penalties collected pursuant to the provisions of this paragraph shall be paid into the Penalty and Interest Fund. (3) An employing unit’s unemployment insurance account cannot be relieved of charges relating to an overpayment from the Unemployment Trust Fund if the Commissioner determines that the overpayment was made because the employing unit or an agent of the employing unit was at fault for failing to respond timely or adequately to a written or electronic request from the department of information relating to the claim for unemployment compensation. Noncompliance with subpoena of Agency  (c) Any person who, without just cause, fails or refuses to attend and testify, or to answer any lawful inquiry, or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subpoena of the Commissioner, a hearing examiner, or any duly authorized representative of any of them, shall be fined not less than $25 nor more than $200 or imprisoned for not longer than 60 days, or both; and each day such failure or refusal continues shall constitute a separate offense. Violation of law or regulations  (d) Any person who wilfully violates any provisions of this chapter or any order or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed in this chapter nor provided by any other applicable statute, shall be fined not less than $25 nor more than $200 or imprisoned for not longer than 60 days, or both; and each day such violation continues shall constitute a separate offense. Unauthorized disclosure of information  (e) If the Commissioner or any employee of the Service, in violation of the provisions of section 312(h) of this title, makes any disclosure of information obtained from any employing unit or individual in the administration of this chapter, or if any person who has obtained any list of applicants for work or of claimants or recipients of benefits under this chapter uses or permits the use of such list for any purpose not authorized by section 312(h) of this title, he shall be fined not less than $25 nor more than $200 or imprisoned for not longer than 90 days, or both. (f) Any employing unit liable for contributions under the provisions of this chapter which refuses to make reports required under the provisions of this chapter or which fails to pay such contributions when due or to pay any interest or penalty required by the provisions of this chapter may be enjoined from operating its business in the Virgin Islands until it complies with all of the provisions of this chapter and until it enters into a bond with a surety, to be approved by the Commissioner, in an amount not to exceed all contributions estimated to become due from said employing unit under the provisions of this chapter for any 6-month period, with such bond being conditioned on the employing unit's compliance with the reporting requirements of this chapter, payment of contributions which are due or to become due, and payment of any interest or penalty which is required by the provisions of this chapter. In the event of an employing unit's refusal to file such reports or to pay such contributions, interest or penalties, or failure to post such a bond, whichever is applicable, the Commissioner may apply to a court of competent jurisdiction for an injunction against the operation of such business until the employing unit complies with the requirements of this chapter. Upon such application, the court shall, after reasonable notice to the employing unit of not less than 10 days, grant such injunction until the employing unit has filed such reports, paid such contributions, interest or penalties and has posted such bond, whichever of these are applicable.