On March 18, 2021, a federal grand jury in Virginia indicted Laura Gallagher, a U.S. foreign service officer, and her ex-husband, Andrey Kalugin, on charges that they conspired to fraudulently obtain permanent residency and then U.S. citizenship for Kalugin.
They were charged with three felonies. One count accused them of conspiring to obtain naturalization and proof of U.S. citizenship for Kalugin by making false statements and submitting fraudulent documents. The other two counts alleged false statements on the naturalization form, and that Kalugin made false statements during his final naturalization interview in 2018. Kalugin and Gallagher had met in 2013 while they were attending the University of California, Davis School of Law. Gallagher was a U.S. citizen living in California. Kalugin was a native of Russia attending on a student visa.
They had married in a civil ceremony in June 2015, just over a year after graduating from law school and a month and a half before Kalugin’s student visa was set to expire. Soon after, they signed and submitted government forms to get Kalugin a green card based on his status as Gallagher’s spouse.
In April 2016, Kalugin and Gallagher moved from California to Virginia, where Gallagher was training to become a foreign service officer. By the end of May, however, Kalugin had left Virginia. He returned to California and obtained a new California driver’s license that listed a California address.
In July 2016, Gallagher bought an airline ticket for Kalugin to fly to Virginia for a green card interview with an immigration officer. Kalugin was granted conditional residency the same day and flew back to California two days later.
The two then began the process for Kalugin to become a naturalized citizen. Because of Gallagher’s job, Kalugin was eligible for expedited naturalization, under a provision which waived the required residency period for noncitizens whose U.S. citizen spouses are “in the employment of the Government of the United States” and “regularly stationed abroad.”
Gallagher filled out the required document, called a Form N-400, for Kalugin, had Kalugin sign it in August 2016, and submitted the form in September 2016.
In December 2016, Gallagher moved to Mexico to begin her first tour as a foreign service officer. Kalugin remained in California. In February 2018, Kalugin flew to Virginia for an interview with an immigration officer. After that interview, Kalugin took the citizenship oath and was issued a naturalization certificate. Kalugin immediately applied for, and soon obtained, a United States passport.
Kalugin then set off for Mexico himself, but stayed less than a month. On July 10, 2018, about three months after Kalugin left Mexico for good, Gallagher filed for divorce in California, listing the separation date as May 1, 2016, more than two years earlier. The divorce was finalized soon after.
In 2019, a foreign service officer filed a complaint about Gallagher’s conduct during Kalugin’s naturalization process. That complaint led to an investigation by the State Department’s diplomatic security service, which culminated with their indictment in the Eastern District of Virginia.
On August 31, 2021, Kalugin and Gallagher went to trial together in U.S. District Court in Alexandria, Virginia.
One prosecution witness recalled Gallagher saying that she and Kalugin were “separated, but that they were continuing his citizenship process in some agreement prior to obtaining a divorce.” Another prosecution witness testified about asking Gallagher if she was staying married so Kalugin could get his citizenship, and she said she was.
The N-400 form said that as of August 2016, Kalugin’s address was on 14th Street in Arlington, Virginia. The prosecution said that in fact, Kalugin was living in California at the time. The form also asked applicants to check the appropriate box for current marital status. “Married” was checked. The prosecution contended that was false; that “separated” should have been checked.
In December 2016, after Gallagher received orders to post to Mexico, she submitted a change of address for Kalugin in Sacramento, California. In fact, the prosecution said, he had been living there for months.
During his final interview, Kalugin said he intended to live abroad with Gallagher and should Gallagher return to the U.S., he would then live with her there. Evidence showed that although Kalugin did visit her in Mexico, he stayed less than a month, and during that month, he crossed the border back and forth between Mexico and the U.S. several times. Following his final departure, Gallagher filed for divorce.
The prosecution presented emails sent by Gallagher as well as testimony from witnesses that she had engaged in romantic relationships while abroad.
The defense noted that there were no emails or communications via social media between Kalugin and Gallagher in which she ever told him that she considered herself separated from him in May 2016. The lead FBI agent testified that in a search of Gallagher’s emails, he found no communications between her and Kalugin in which she communicated to him that they were separated.
The defense contended that Kalugin did not believe the marriage was over and sought to introduce evidence that Gallagher was consistently and frequently sending messages of affection to Kalugin. These messages included “I love you,” “Thank you Baby!” and “I miss you.”
The prosecution objected to the messages being admitted, citing inadmissible hearsay. The defense contended that whether the sentiments were sincere or not, the messages induced Kalugin to believe that his marriage was intact and that Gallagher felt close to him and loved him. The defense also wanted to present similar messages that Kalugin had sent Gallagher.
The trial judge, T.S. Ellis III, sustained the objection, and the evidence was not presented.
On September 10, 2021, Kalugin and Gallagher were convicted of all counts.
The defense filed a post-trial motion for a new trial, arguing that the failure to allow the messages of affection was erroneous. The defense also argued that there was no proof that checking the “married” box instead of checking “separated” was a false statement and that count two of the indictment should be dismissed. Judge Ellis denied the motion, although he did rule that the government had been required to “prove that the selection of ‘married’ was false—not that another option was a more accurate or better choice.” Still, Judge Ellis ruled there was sufficient evidence to support a conviction on all counts.
In February 2022, Kalugin and Gallagher were each sentenced to 15 months in prison. Gallagher was ordered to surrender to prison on May 4, 2022. Kalugin was allowed to remain free on bond while he appealed. Judge Ellis ruled that Kalugin had a possible meritorious appeal while Gallagher did not.
On February 13, 2023, Gallagher was released from prison.
On January 4, 2024, the U.S. Court of Appeals for the Fourth Circuit reversed the convictions of both Kalugin and Gallagher and remanded the case for a new trial.
The appeals court first declared that Count two, which was based on the selection of “married” instead of “separated,” had to be reversed.
“No amount of proof about the nature of Kalugin and Gallagher’s relationship, their motives for getting married, or even their intent to deceive government officials could have changed that they were legally married when they submitted the Form N-400 and through the time of Kalugin’s naturalization,” the appeals court said. “The problem was not missing information; it was a defective charge.”
The appeals court then ordered the case reversed in its entirety because of the failure to allow the defendants to present the messages of affection.
“Whether Gallagher truly loved Kalugin when she wrote him saying she did, the messages were relevant to show what Kalugin could have believed about the state of the marriage based on what he was hearing from Gallagher,” the court declared. “And the affectionate messages Kalugin sent Gallagher are similarly relevant to show the effect they would have had on her.”
The trial judge, according to the appeals court, had relied on an “erroneous…legal premise” when he refused to allow the defense evidence.
On March 7, 2024, the prosecution filed a motion to dismiss the charges against Kalugin and Gallagher. On March 8, the motion was granted, and the case was dismissed.
– Maurice Possley
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