A federal grand jury in 2008 charged Viau with 17 counts of making false statements, witness tampering, bank fraud and mail fraud.
A former special agent with the Department of Housing and Urban Development, he allegedly lied on disclosure forms about real estate businesses he had on the side, violated terms of a mortgage, and claimed reimbursement for faulty bullet-proof vests he never bought.
Viau ended up pleading guilty to a single felony count of mail fraud in 2011, and was sentenced to 36 months of probation and required to pay back $3,650 for the bullet-proof vests.
ater in the year, he was denied promotion from captain to major in the Utah Air National Guard because of his felony, costing him pay, health insurance and retirement benefits, Viau says in his complaint.
He would not have pleaded guilty to a felony if he had been given accurate advice by Lowry, Viau claims.
Represented by attorney Elizabeth Knudson of Ogden, Viau is seeking damages of at least $255,000 from the Guard and Lowry. He remains in the Guard, Knudson said Wednesday.