Capitol Police top cop caught cheating on timesheets, got promoted anyway

A sweeping congressional investigation into the Capitol Police's ability to police its own ranks has turned up a stunner: One of its top executives was caught a decade ago cheating on timesheets and still got promoted.

Documents reviewed by Just the News show that an internal affairs probe in 2013 concluded that Sean P. Gallagher, currently the Assistant Chief of Police for Uniformed Operations, was caught submitting false timesheets and forging his boss's signature for approval back when he was a captain.

The investigation concluded that Gallagher approved overtime for himself to which he was not entitled and thus "defraud[ed] the government" of $1,492.41, and that additional documents he signed for two subordinate lieutenants resulted “in a total loss to the government of more than $10,000," according to a Dec. 18, 2013, memorandum that a department review officer wrote to recommend disciplinary action.

“This offense is egregious and absent any mitigating factors warrants nothing less than termination. This offense was willful and frequent, occurring on eight occasions," the memo stated. "Captain Gallagher misrepresented his times, forged his supervisor’s signature on overtime authorization forms, falsified pay certification sheets, and forged his supervisor's signature on pay certification sheets to defraud the government for significant personal gain.”

The memo added, "He manipulated the Department's time and attendance procedures to circumvent 2 USC § 1933 which provides that an exempt employee's pay during any pay period cannot exceed the equivalent biweekly maximum pay which is set at 150% of the minimum rate for level 16 of the sworn pay scale.”

The officer who reviewed the case stated that Gallagher did not dispute the facts but claimed he did not know he was violating department policy.

"Captain Gallagher claims that he was not aware that his actions were inappropriate and that he did not know he was violating policy," the memo added. The reviewing officer said that claim was “worthy of skepticism" and noted Gallagher had previously faced an Office of Professional Responsibility discipline for an earlier case of forging a supervisor's signature.

"Captain Gallagher has one previous OPR case. In OPR#12-105 Captain Gallagher signed various documents for his supervisor, and signed his supervisor's name without permission," the memo noted.

"The matter was resolved and a CP-550, Personnel Performance Note was issued. This instance demonstrates a clear pattern of Captain Gallagher forging his supervisor's signature on documents; a practice that led to the government loss in this case,” it continued.

The internal affairs findings against one of the Capitol Police Department's most senior officers was uncovered by staff for Rep. Barry Loudermilk, the chairman of the House Administration's oversight subcommittee who is reviewing security at the U.S. Capitol in the aftermath of the Jan. 6 riot.

Loudermilk told Just the News he believes the next Congress needs to convene a select committee to address security at the Capitol and reform its police force, including creating a more even-handed disciplinary process driven by evidence and rules and not politics.

"It appears from the information that we've gathered that there is selective discipline within the Capitol Police, and it's not equal," Loudermilk said. "Some will get a slap on the wrist. Some will have theirentire disciplinary process overridden by somebody in leadership. And then there's others will that we have evidence that the victim ended up getting a harsher punishment than the perpetrator. 

"We need to make sure that we get this cleaned up and it's working properly," he said.

Gallagher, who played a key supervisory role in the aftermath of the Jan. 6 Capitol riot, did not respond to multiple requests for comment from Just the News. 

Loudermilk has told Just the News previously there were clear failures of intelligence and security that preceded the riot and that the department's ability to evaluate and discipline itself was a matter of growing concern for lawmakers.

The memo shows the review officer, a fellow captain, concluded that Gallagher had been rated as outstanding prior to the timesheet episode, had actually worked the hours he put on the timesheets and was unlikely to repeat the offense.

He recommended Gallagher repay the money he improperly received and be demoted one rank to lieutenant for the violation, a potentially devastating punishment for a rising department star. The review officer also called for Gallagher to be held responsible for the misconduct of his subordinate officers for allowing them to violate the same policies.

"In addition to what Captain Gallagher did for himself, he completely failed in his role as a supervisor. Captain Gallagher was charged with enforcing the Department's policies and procedures. The evidence demonstrates, and Captain Gallagher freely admits, that he was well aware and condoned the actions of both" subordinates who worked for him.

"He is directly accountable for the misconduct of all three respondents in this case," the memo added. "If Captain Gallagher was unclear of the policy and procedures he should have done what any other reasonable command official would have done in this instance and sought direction and guidance from OHR and his chain of command. There is no evidence that Captain Gallagher did either.."

Loudermilk's team told Just the News that it has found no evidence that Gallagher ever faced the demotion.

The USCP Public Information Office has not responded to requests for comment from Just the News.

In October 2021, Gallagher—along with former Acting Chief Yogananda Pittman—was also the subject of a scathing letter sent to Congress by an anonymous Capitol Police whistleblower which accused the leadership of facilitating intelligence and supervisory failures before and during the riot on Jan. 6, according to Politico.

“The failures and inactions of these two prior to and on the 6th unquestionably contributed to the death of officers and the serious physical and emotional injury of hundreds of other members of law enforcement. It contributed to the death of citizens and caused harm to the reputation of the Congress, the USCP and other commanders,” the whistleblower wrote in the letter, which he sent to House and Senate leadership.

The whistleblower accused both Gallagher and Pittman of failing to properly supervise the intelligence operations in the USCP. He or she argued that both of these senior officials possessed intelligence information that would have provided the necessary justifications to deploy National Guard and extra resources to prevent the storming of the Capitol Building.

In the letter, the whistleblower also accused Gallagher and Pittman of exploiting the events of January 6 in order to engineer their own career advancement at the expense of other departments and the USCP leadership.