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The FBI and the Stanislaus County Sheriff’s Department launched an investigation of Gallagher, according to a Feb. 19, 2009, letter from Lawrence G. Brown, then the acting U.S. attorney for the Sacramento area. The letter was sent to Fladager detailing the reasons why federal prosecutors chose not to file charges against Gallagher.
Federal prosecutors believed Gallagher lied to investigators to cover up his actions, according to Brown’s letter.
“While the FBI investigation has revealed serious misconduct on the part of Lieutenant Gallagher, given the available evidence and the circumstances of the case, we do not believe that this office could convince a jury to convict Lieutenant Gallagher,” Brown wrote in the letter to Fladager.