Post 28 theft case: Charges dismissed against four and possibly a fifth; criminal investigation continues


MILLSBORO – The case of suspected internal theft of hundreds of thousands of dollars from American Legion Post 28 in Millsboro has taken a turn for dismissal.

Charges against four individuals with official ties to Legion Post 28 have been dismissed and charges against a fifth person are expected to be dismissed, according to Delaware Department of Justice spokesman Carl Kanefsky.

“Due to information discovered after the time of arrest that requires additional investigation, charges have been dismissed against four individuals (Ed Mazewski, Samuel Mauger, James Gallagher and Michael Rooney) and are expected to be dismissed against the fifth (Charles Nimmericher),” the DOJ announced Thursday in a prepared statement. “However, there is an active, continuing criminal investigation and so we are unable to provide additional details or comment.”

On April 7, Delaware Division of Gaming Enforcement investigators arrested five persons with official ties to Legion Post 28 in connection with embezzlement and internal theft of $641,100 from Post 28.

Arrested and charged with felony theft at that time were: Samuel Mauger, 65, of Millsboro; James Gallagher, 65, of Millsboro; Edward Mazewski, 69, of Millsboro; and Michael Rooney, 66, of Georgetown.

Authorities charged Charles Nimmericher, 53, of Millsboro; with misdemeanor theft.

A sixth suspect identified for stealing funds is deceased, it was reported by the Division of Gaming Enforcement.

According to the DGE, in January 2016 American Legion Post 28 reported to the Delaware Department of Safety & Homeland Security Division of Gaming Enforcement that six post officers past or present had stolen funds from Post 28 between July 2012 and January 2015.

Investigation revealed the suspects, who were Post 28 officers at the time, wrote and signed numerous checks out to cash and cashed the checks at local banks. The funds were not returned to or used for American Legion Post 28 business, according to the DGE.

On April 07, DGE investigators concluded a three-month felony theft investigation, totaling $641,100.

Oak Orchard/Riverdale Legion Post 28 has one of the largest memberships among American Legion posts in the nation.

The Sussex County Post delivers news from Georgetown and southern Delaware. Follow @SussexPost on Twitter.

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