A Lancaster man who stole more than $1 million while serving as treasurer of a local Lutheran church synod was sentenced Friday to 30 months in federal prison.
Barry R. Herr, 61, had pleaded guilty to embezzling funds from the religious organization over a 20-year period. He then used the funds to buy expensive automobiles. He was charged with felony mail fraud in March and was relieved of his duties as treasurer after 28 years with the organization.
According to testimony, Herr's scheme cost Lower Susquehanna Synod of the Evangelical Lutheran Church in America about $1.1 million. The synod covers nine counties in Pennsylvania, including Lancaster.
Herr, of Creek Hill Road, has paid back about $309,000 of the stolen funds, according to testimony.
Standing before U.S. District Court Judge William W. Caldwell, Herr promised to pay back the rest of what he owes and thanked the judge after he was sentenced.
"I stole money from the very people who trusted me. I took more than money. I robbed them of their belief and confidence in me," Herr said while standing next to his attorney, Gerald Lord. "I left them wondering, 'Who are you?' I sold myself out."
Donna Herr, Barry Herr's wife of 40 years, pleaded with the judge for leniency, saying her life also would be in shambles if her husband went to prison. She said she recently started a business that would crumble financially without her husband.
"I feel the grief of when a spouse has died of a lengthy illness," Donna Herr said. "I'm a victim, too. The sentence is not just on Barry — it's also a sentence on me."
Caldwell empathized with Herr's wife and expressed anguish while handing down the prison term.
"Nobody can argue that this isn't a serious offense. No amount of prison time is going to solve the problem," Caldwell said. "I take no pleasure in performing my duties in cases like this. This is something that the circumstances just require."
Assistant U.S. Attorney Bruce Brandler had asked for a 51-month sentence; Lord requested that Herr be spared prison time or at least be allowed to surrender Dec. 29 if ordered to prison.
Caldwell chose a sentence between the two and also ordered Herr to serve two years' probation after his release from the federal facility in Allenwood. He allowed Herr to surrender at the end of the year.
"We respect the court's judgment. It was a difficult case for (Caldwell) to decide," Brandler said after the hearing.
Herr was in charge of financial accounts for the synod, which serves about 100,000 members in 260 congregations. According to a statement released Friday on behalf of the synod, Herr stole about a quarter of the organization's yearly budget.
Brandler said that was why he requested a sentence on the upper end of federal guidelines.
"The victim was a church," Brandler said. "This was a criminal act that spanned 20 years. It wasn't an isolated occurrence."
An attorney for the synod testified that Herr has about $525,000 in remaining liquid assets. Prosecutors said their "primary concern" will be recovering those assets, which include two vintage cars.
How Herr will make the rest of his restitution remains to be seen.
"I don't think there's much of a chance he'll be able to earn that," Brandler said.
Lord said his client is considering various options to pay back the money, including dipping into his retirement fund and taking out a life insurance policy so that restitution payments continue after his death.
Herr has repeatedly said that his goal is to make full restitution and earn forgiveness from his victims.
"I have done some very terrible and awful things to many persons," Herr told the judge, calling his actions "contriving" and "devious."
"I have a hard time living with myself," Herr added.
After the hearing, Lord said the judge had taken a very balanced approach to the sentencing.
"We believe Judge Caldwell gave very careful consideration to the positions and interests of all those affected by the offense," the defense lawyer said. "He then imposed a sentence that we thought to be fair and reasonable."
E-mail: bhambright@lnpnews.com 