Eddie Gallagher avoided further jail time after being found not guilty of war crimes, but he’s facing new legal trouble: The Navy SEAL’s former lawyer is seeking up to $1 million from him in unpaid fees. The case raises questions, however, about the attorney’s relationship with a nonprofit group that aided Gallagher’s defense.
Colby Vokey, who served as Gallagher’s lawyer until March, wants restitution for legal services and damages that occurred as a result of the SEAL’s failure to pay. A contract the two signed in October stated that any dispute would be handled in arbitration, where Vokey’s firm is seeking between $200,000 and $1 million.
“He’s showing the same lack of judgment that led to his termination in the first place,” Tim Parlatore, Gallagher’s current lawyer, told the Washington Examiner. “This is the type of behavior that gives lawyers a bad name.”
“Colby Vokey was supposed to save my husband. Now, he’s trying to destroy him,” Gallagher’s wife, Andrea, declared in an Instagram post.
Vokey did not respond to the Washington Examiner‘s requests for comment. Van Shaw, his lawyer, answered the Washington Examiner‘s inquiries, warning:
“1) The Rules do not allow you to contact my clients directly given my representation of the same
2) Do not contact my clients directly again
3) Do not report false information or make up false news
4) I will take the necessary action if you violate the Rules again
YOU ARE SO ADVISED.”
The dispute originated in a disagreement over funding for Gallagher’s defense.
Under the contract, Gallagher would pay Vokey and another lawyer, Phillip Stackhouse, $400 per hour each for their services. Gallagher would be responsible for travel expenses and any outside help brought in to assist with the case.
The contract stated that United American Patriots, a nonprofit group that pays for the legal representation of military personnel accused of crimes, would provide financial support. Vokey’s law firm would send expense reports to United American Patriots, which would reimburse the firm directly. Vokey is a member of UAP’s advisory board.
The Gallaghers began to fall out with Vokey and UAP in January, after the family decided to set up a separate fundraising effort with the Navy SEALs Fund, which was initially meant to cover expenses other than legal fees, such as travel and lodging.
UAP CEO David Gurfein sent Andrea Gallagher a letter Jan. 18 outlining his group’s concerns. He warned that misconceptions over the name of the fund and how it is spent could raise “serious legal and ethical questions.”
“From a public, objective, or third-party perspective, having two funds established for the same perceived purpose, Eddie’s ‘Legal Defense,’ stands to create confusion for potential donors who must decide where to contribute funds they seek to be used for Eddie’s ‘Legal Defense’ and why one fund vs. the other,” Gurfein wrote.
“Should the President of the United States decide to get involved in Eddie’s case, as we are hoping he will, Eddie’s case would quickly become politicized and polarized, just as Matt Golsteyn’s case became once President Trump tweeted about it. In other words, widespread scrutiny is reasonably foreseeable, and people who might ordinarily not care about Eddie’s case could instantly be galvanized to find ‘dirt’ on Eddie, you, fundraising efforts, etc… simply to use indirectly against President Trump,” Gurfein wrote.
He added that “anyone could make an allegation, and most likely it would be ‘anonymous.'”
To alleviate the problem, Gurfein suggested transferring the $218,000 raised through the Navy SEALs Fund to UAP to be put toward legal fees or for Gallagher to work out a payment plan.
Andrea took offense to the suggestion, describing it “as nothing short of extortion” in a letter to UAP’s board members on March 8. She informed the board of her family’s decision to fire Vokey over ethical concerns and requested it clarify financial matters surrounding her husband’s case.
“Public filings indicate that UAP raises a significant amount of money but spends very little of that money on the mission,” she wrote. “In 2017, UAP took in $4,665,477, but paid $3,462,368, or 74% of that to a professional fundraising organization.”
“In addition to the astoundingly low percentage of funds that were actually used for their stated purpose, I am also aware that a former UAP board member has publicly stated that ‘The Board of Directors includes two attorneys that receive substantial income from UAP because they hold the majority of cases.’ Your filings support this allegation that the vast majority of these funds have been paid directly to UAP board members,” Andrea Gallagher said. Vokey was at one point a board member but is now an advisory board member.
Gallagher added that “both UAP and Mr. Vokey reviewed and approved the Navy SEALs Fund’s campaign,” but Gurfein said in his Jan. 18 letter that he was not there when the fund was set up. He told the Washington Examiner he did not have the authority to sanction a separate legal defense fund and was not consulted or asked to approve it.
“[H]ad someone actually asked me to ‘OK’ a separate ‘Legal Defense’ fund, instead of OKing or denying such a fund, I would have asked for clarification on how we would work together to support and not detract from each other with regard to raising funds for, and paying for, Eddies ‘Legal Defense,'” Gurfein wrote in an email. He added that if the fund was not meant to be spent exclusively on legal fees, he would have recommended it be given a different name.
The Navy SEALs Fund did not respond to requests for comment. The group has collected almost $750,000 in donations for Gallagher’s case.
Unsatisfied with UAP’s response, Andrea Gallagher sent a follow-up letter on March 18 informing the board of the family’s decision to terminate the relationship with the group, highlighting financial concerns from a 990 tax form UAP provided after the initial letter.
“UAP’s stated mission ‘is to provide funds for legal services to military personnel who have been charged with crimes while in combat’ yet the 990 excerpt you provided shows that of $4,665,477 raised, only $683,115 was used for that stated goal. That’s 14.6%, not the 59% your letter claims. 74% of the funds raised went to professional fundraising services and ‘educational material,'” Gallagher wrote.
“As you know, my primary concern is to ensure that nothing can negatively affect Eddie’s case, as we march forward to trial,” she added. “We have lost significant ground due to Mr. Vokey’s conduct and the distractions of this whole situation with UAP.”
The family used the new fund for legal fees only after the separation from UAP and Vokey, according to Parlatore.
Gurfein defended UAP’s relationship with Vokey, noting that as an advisory board member, he is not allowed to vote on organizational matters. Instead, he provides insight on legal matters, including legal fees. Gurfein said that itemized attorney fees are subject to attorney-client privilege, which prevented UAP from obtaining them in the Gallagher case. The organization relies on board members for input on legal charges to determine if they are fair. Gurfein insisted that Vokey was not involved in advising UAP on his own work with Gallagher.
He added that Vokey brings extensive experience in war crimes cases that is valuable to the organization.
“The perception is that there’s hundreds of these attorneys out there — there’s not,” Gurfein told the Washington Examiner.
Gurfein acknowledged the organization’s past financial troubles, which was a major factor in the board’s decision to bring him on last year. He replaced UAP’s fundraising partner, though not immediately.
“They were the primary source of income,” Gurfein said, adding that cutting them off too soon “would dry up any funds for the warriors we were supporting at the time.”
UAP made a statement in response to a San Diego Union-Tribune report, saying the organization paid more than what it raised on behalf of Gallagher.
“Although UAP paid $77,000 to defend Chief Gallagher (which was over 100% of what UAP raised on behalf of Chief Gallagher), the Gallagher family made it clear, in March 2019, that UAP’s support was no longer needed and that any efforts to raise funds for Chief Gallagher should stop immediately. UAP complied with the Gallagher family’s instructions,” the statement said.
Gurfein said he still supports Gallagher, despite the family’s accusations.
“I think Chief Gallagher’s an absolute rock star,” he said.
Parlatore took over the case, which went to trial in June. Gallagher was charged with various war crimes and found not guilty of all except unlawfully taking a picture with the corpse of an ISIS fighter he was accused of murdering. The case drew national attention, including that of President Trump, who considered giving Gallagher a pardon before the trial began.
Gallagher was reduced in rank as a result of the sentence for his single conviction in July. His legal team is seeking a reversal of that sentence so he can retire with full benefits sometime this year.
