DOVER, Del.- One of the men charged with the theft of part of the $641,000 from American Legion Post #28 in Millsboro has been identified as the commander for the statewide American Legion.
James Gallagher is a member of Post #28, but he also sits as the commander of the Delaware American Legion.
The DGE said the investigation showed that six officers of the American Legion post #28 Millsboro, both past and present, had stolen funds between July 2012 and January 2015 by writing and signing checks out to cash and cashing them at local banks. The DGE said a total of $641,000 was taken and never returned to the American Legion post.
Gallagher, specifically, is charged with pocketing $13,000 from the local post. The Delaware American Legion said today that Gallagher denies any wrongdoing.
However, Richard Santos, adjutant of the Delaware American Legion, said Tuesday that Gallagher has provided official notice to the organization that he will recuse himself from any and all duties and responsibilities as the CEO and commander of the Delaware American Legion until the
matter is resolved. According to Santos, Delaware American Legion First Vice-Commander Jeffrey Crouser has assumed the position as CEO and all duties and responsibilities of commander.
Santos further said Tuesday that the Delaware American Legion takes the charges "very seriously" and said it fully supports the DGE in its investigation and will provide assistance if requested. Santos also said the Delaware American Legion "will take the necessary steps, at the appropriate time and consistent with the National and Department Constitutions and Bylaws, to address each of the charged individuals’ future membership status in the American Legion."
According to Delaware's Division of Gaming Enforcement, investigators concluded a felony three-month investigation on Thursday, following the discover of the theft in January. The investigation first began when leaders of the legion voiced concern of "discrepancies" found in the budget.
All five of the men were arraigned and released pending a future court date.
According to the DGE, a sixth suspect was identified as stealing $218,040 in funds, but that suspect is dead.
The charges are detailed below:
- James Gallagher, 65, of Millsboro, charged with two counts of felony theft over $1,500; $13,000 total
- Samuel Mauger, 65, of Millsboro, charged with two counts of felony theft over $100,000; $376,660 total
- Edward Mazewski, 69, of Millsboro, charged with two counts of felony theft over $1,500; $20,000 total
- Michael Rooney, 66, of Georgetown, Del., charged with two counts of felony theft over $1,500; $13,000 total
- Charles Nimmericher, 53, of Millsboro, charged with misdemeanor theft under $1,500; $400 total
