Lawyers clash over SEAL funding
Defense in Edward Gallagher’s murder trial says nonprofit must pay legal debts.
SAN DIEGO — The San Diego war crimes prosecution of Navy SEAL Edward Gallagher generated national headlines and grabbed the attention of President Trump, who twice intervened in the case and tweeted congratulations when Gallagher was found not guilty of murder in July.
While Gallagher’s case is nearly over, the fight over the nearly $750,000 raised for his legal defense is just beginning.
On Wednesday, the San Diego Union-Tribune reported that attorney Colby Vokey, who represented Gallagher, was trying to force him into arbitration.
Through his own attorney, Vokey said Gallagher owed $200,000 to $1 million.
An engagement letter, apparently signed by Gallagher, said he agreed to arbitration in case of a dispute. It also said United American Patriots, a nonprofit that funds legal defenses for service members, agreed to fund Gallagher’s defense.
After Vokey left the case — Gallagher’s wife, Andrea, said he was fired — fundraising for the SEAL switched from the United American Patriots to the Navy SEALs Fund, a nonprofit that helps SEAL families in need.
Vokey’s attorney, Evan Lane “Van” Shaw of Texas, emailed a lien notice to the Navy SEALs Fund contending it was obligated to pay Vokey for Gallagher’s outstanding legal debt.
Navy SEALs Fund Chief Executive Rachel Dzieran disagreed in a statement Thursday.
“There is not and has never been a contractual or other agreement between Navy SEALs Fund and Colby Vokey or United American Patriots,” Dzieran wrote. “The latest legal threats have absolutely zero basis in law, and we are working with the state of Texas to deal with this unlawful attack on our veteran run 501c3 charity.”
Dzieran said that, after reviewing UAP’s activities and its IRS filings, the SEALs fund distanced itself from the UAP and from Vokey. She said UAP’s IRS Form 990s show less than 20% of donations UAP received supports military members who are prosecuted.
She wrote, “it was our impression that UAP’s business model is based on keeping the heroes locked up or under prosecution for as long as possible to maximize fundraising.”
A Union-Tribune review of UAP’s 2016 IRS Form 990 showed that UAP received $3.9 million in grants and contributions that year, spent more than $1 million on advertising and promotion and $1 million on postage and printing, and issued a total of $287,051 in grants and assistance.
In 2017, UAP raised $4.6 million in revenue and sent $669,000 to warrior fund beneficiaries while paying $3.4 million to a professional fundraising organization, according to an independent auditor’s report.
Dzieran accused Vokey and a UAP board member, David Gurfein, of attempting to extort her organization.
“The Navy SEALs Fund refused to partner with or sign any agreement with them despite what we perceived to be multiple extortion threats,” she said.
In response, Gurfein on Friday sent the Union-Tribune a statement written by UAP’s board chairman, who pushed back against the accusations and distanced the UAP from Vokey’s attempts to collect on a bill.
“UAP is not a party to any arbitration or litigation concerning the Gallagher family,” retired Marine Lt. Col. Bob Weimann said in the statement. “We are extremely happy for Chief Gallagher and his win and wish Chief Gallagher and his family well. To be clear, UAP is not suing anyone, especially not one of our former clients.”
Gallagher was a chief but has been reduced in rank to petty officer 1st class since his trial.
The UAP paid $77,000 to defend Gallagher but ceased its support at his family’s request, Weimann said, adding that the UAP deals directly with service members.
Weimann said Vokey, who is on UAP’s advisory board, did not consult the organization before trying to collect from Gallagher.
“A private dispute between a former client and his attorney is no business of UAP’s,” Weimann wrote.
One of Gallagher’s current attorneys, Timothy Parlatore, in an email to Shaw questioned the authenticity of the engagement letter involving Vokey, noting the signature on it doesn’t appear to match signatures by Gallagher.
“Mr. Gallagher has no recollection of signing this document, he and his family have no records of ever receiving a copy of this document, and my brief review of the timeline indicates that nobody from Mr. Vokey’s office even met with Mr. Gallagher on October 11, 2018,” Parlatore wrote.
When the Union-Tribune reached out to Vokey and Shaw for comment Thursday, Shaw said contacting Vokey directly was against “the rules” and that further attempts to reach him would result in “necessary action.”
The clash between attorneys and nonprofits capped an eventful week in the Gallagher case. The trial ended July 3, but Gallagher’s case still awaits a final sign-off from the convening authority.
On Aug. 1, the chief of naval operations, Adm. John Richardson, announced he was removing Navy Region Southwest commander Rear Adm. Bette Bolivar as convening authority in the Gallagher case.
He also announced a full review of the Navy Judge Advocate General corps, and he dropped charges against Gallagher’s platoon commander, Lt. Jacob Portier.
Earlier that week, Trump criticized and rescinded service awards the Navy gave to some of the prosecutors in Gallagher’s case.
Gallagher, who had pleaded not guilty, was acquitted of most criminal charges he faced, including allegations that in 2017 he stabbed to death a wounded Islamic State fighter taken to him for medical treatment, that he shot at civilians in Iraq and that he tried to intimidate witnesses from his platoon.
He was convicted of a single charge, that he posed near the fighter’s corpse while taking a photo. He was sentenced to four months’ confinement, time he served before trial.