November 24, 2008

CHICAGO – Barry R. Herr, former treasurer of the Lower Susquehanna Synod of the Evangelical Lutheran Church in America (ELCA), was sentenced Nov. 21 in a federal court to 30 months in federal prison and two years of supervised release, and he was ordered to pay $799,998 in restitution, according to a synod news release.

Herr, 62, Lancaster, Pa., was arrested March 13, 2008, and charged with 36 counts of criminal use of a communication facility (electronic transfer of funds) and one count of theft by deception in the amount of $1,004,732. Each charge is a felony of the third degree.

The charges followed months of investigation into the misappropriation of synod endowment funds for which the former treasurer was responsible. The synod was involved in the investigation with the Lower Paxton Township Police Department and the U.S. Postal Inspection Service.

Herr's sentence carries with it an order of full restitution of missing funds to the synod and to the synod's insurance carrier. To date, Herr has returned to the synod about $300,000 of the $1 million in stolen funds, the release said.

At the sentencing, Herr spoke to Federal Judge William Caldwell and the court. Herr said he has a "deep sense of humility to those I have betrayed."

"I've stolen money from the very people who trusted me," he told the court. "I have a hard time living with myself." Four other individuals spoke on Herr's behalf.

The Rev. B. Penrose Hoover, bishop, ELCA Lower Susquehanna Synod, Harrisburg, Pa., spoke at the sentencing on the synod's behalf.

"The actions that Mr. Herr chose to take in stealing more than $1.1 million from the Lower Susquehanna Synod have caused great harm to the life and fabric of ministry in this church," said Hoover. "The monetary loss in and of itself has deprived people in need both materially and spiritually and has hampered ministry within the synod. The staff time and concern that have been expended to deal with the consequences of his actions, as well as the additional expenses incurred, have deflected attention and focus from the ongoing work of the church."

"His actions and his betrayal of trust have undermined the sense of trust and mutual commitment that is so essential to the life and ministry of the church. While the synod continues to expect that Mr. Herr will make restitution of the stolen funds, it will require an ongoing process of healing and transparency to restore the trust that has been undermined or lost."

Hoover said the synod will continue to pray for Herr, his family, people affected by his actions and "the healing and ongoing ministry of the church of Jesus Christ in the Lower Susquehanna Synod."

The home page of the ELCA Lower Susquehanna Synod is at http://www.lss-ELCA.org/, on the Web.

ELCA News Service
Barbara A. Myers is director for communication for the ELCA Lower Susquehanna Synod.