MILLSBORO — Charges have been dismissed against defendants in an American Legion internal theft investigation in Millsboro, though authorities said a criminal case remains ongoing.

On Monday morning, the Delaware Department of Justice confirmed that charges were dropped against American Legion Post 28 members/officers Ed Mazewski, Samuel Mauger, James Gallagher and Michael Rooney, along with an expected dismissal for Charles Nimmerichter in the afternoon. A sixth person identified earlier as a suspect is deceased, officials said.

“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 ...” DOJ spokesman Carl Kanefsky said. “(The fifth (was) scheduled for arraignment (Monday) afternoon, and the charges (were expected to) be dropped without prejudice before that time.

“However, there is an active, continuing criminal investigation and so we are unable to provide additional details or comment.”

On April 7, the Department of Safety and Homeland Security announced that an investigation by the Division of Gaming Enforcement into alleged internal theft brought several arrests on felony and misdemeanor theft charges. On Monday in responding to a request for a case update, the DSHS declined comment and referred to the statement from the DOJ.

According to DSHS at the time of arrests, a three-month felony theft investigation found that $641,000 was allegedly embezzled though numerous checks written and signed out to cash at local banks, with funds not returned to or used for American Legion Post 28 business.

Mr. Mauger, Mr. Gallagher, Mr. Mazewski, and Mr. Nimmerichter were all Millsboro residents, and Mr. Rooney was from Georgetown, according to the DSHS when announcing the case. Mr. Mauger and Mr. Gallagher were both 65 at the time, Mr. Mazewski was 69, Mr. Rooney 66, and Mr. Nimmerichter 53.