Official who made false medal claim now facing felony fraud charges

Wes Woods II, Staff Writer
Article Launched: 09/22/2008 09:28:04 PM PDT

CLAREMONT - Three felony charges have been filed against Three Valleys Municipal Water District Director Xavier Alvarez in connection with accusations that he had the district pay for his ex-wife's insurance.

Alvarez, 50, was charged Friday with misappropriating public money, insurance fraud and grand theft of personal property, said Sandi Roth, a prosecutor with the Los Angeles County district attorney's Public Integrity Division.

Roth said Alvarez - who represents south Pomona on the water board and was elected in 2006 - placed his ex-wife, Juanita Ruiz, on his insurance from Jan. 24, 2007, to Oct. 31, 2007.

The water district - which provides medical insurance to its directors, their spouses, children and other dependents - paid $4,100 in premiums, Roth said.

"I don't have (the date) when they divorced," she said. "But they are divorced and have been for years."

The felony counts continue a turbulent period for Alvarez. He was fined and sentenced to probation in July for violating the Stolen Valor Act, which criminalizes false claims of military valor.

At a water district meeting in July, Alvarez claimed to have won a Medal of Honor, the country's highest military decoration.

Although that was not the only time he made that claim publicly, he has admitted he never served in the military.

Public defender Brianna J. Fuller filed a motion to appeal the conviction. The appeal is pending, Fuller said Monday.

Fuller said she was Alvarez's former public defender, and a new attorney for him worked in her office.

The plea agreement allowed him to appeal the conviction on constitutional grounds.

Alvarez said the Stolen Valor Act violates the First Amendment because it criminalizes free speech, but his arguments were unsuccessful.

Alvarez could not be reached for comment on Monday.

At a water district meeting on Thursday, Alvarez refused to talk to a reporter when asked about the terms of his probation.

Water board Director Brian Bowcock, who has been outspoken against Alvarez, said he was glad when he heard about the charges.

"This is icing on the cake," Bowcock said.

To be removed from the board, Alvarez would "have to be proven guilty of fraud," Bowcock said.

"He needs to pay for what he did."

Water board president Bob Kuhn said "this is his problem to deal with."

"It all started out with the Medal of Honor thing," Kuhn said. "And it has escalated at that point on. This is a separate issue. This has no correlation to the Medal of Honor."

If found guilty, Alvarez could face anywhere from probation to five years in state prison, Roth said.

Alvarez will be arraigned at 8:30 a.m. Oct. 21 in department F at Pomona Superior Court, 400 Civic Center.