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Charges have been dropped against former and current officers of an American Legion Post. The decision came about as new evidence came to light and the case grew in complexity.
The Delaware Department of Justice issued the following statement in the case:
“Due to information discovered after the time of arrest that requires additional investigation, charges have been dismissed against four individuals and are expected to be dismissed against the fifth. However, there is an active, continuing criminal investigation and so we are unable to provide additional details or comment.”
Under Attorney General Matt Denn, the AG’s office has been cautious in its handling of high-profile cases.
On Friday, it was disclosed that the investigation of a the death of a 16-year-old at a Wilmington High School was continuing and that charges would not be filed this week.
Earlier indications were that charges would be filed.
The Delaware Division of Gaming Enforcement earlier announced earlier this month officers of American Legion Post #28 in Millsboro have been charged in connection with thefts of hundreds of thousands of dollars.
In January representatives of the post reported to the Department of Safety & Homeland Security, Delaware Division of Gaming Enforcement (DGE) that six post officers, either past or present, had stolen funds from the American Legion between July 2012 – January 2015.
The investigation revealed the suspects, who were Post #28 officers at the time, wrote and signed numerous checks out to cash, cashed the checks at local banks.
On Thursday, April investigators with DGE concluded a three-month felony theft investigation over proceeds totaling $641,100.00. Investigators obtained arrest warrants for the suspects for charges related to embezzlement and executed a search warrant at the residence of Samuel Mauger, in Millsboro.
Mauger, according to the release is accused of taking nearly $377,000, with the four other suspects taking far lesser amounts. A sixth suspect, identified, identified as David Yetman of Harbeson, accounted for $218,040 in funds. He is deceased.
The release identified the five suspects as follows:
Samuel Mauger Theft (Felony) over $100,000.00 x2 ($376,660.00 total)
James Gallagher Theft (F) over $1,500.00 x2 ($13,000.00 total)
Edward Mazewski Theft (F) over $1,500.00 x2 ($20,000.00 total)
Michael Rooney Theft (F) over $1,500.00 x2 ($13,000.00 total)
Charles Nimmericher Theft (M) under 1,500.00 ($400.00 total)
The investigation originally centered on proceeds from slot machines from the post, a spokesperson for Gaming Enforcement stated. The scope of the probe was later expanded to include other activities. Work is now under way on funds that might allow for restitution.
The investigation is ongoing, with the Attorney General’s Office handling prosecution of the case.
