A former Fort Atkinson minister who shattered the trust of his congregation members has been sentenced to two years on probation for embezzling from his church.
The Rev. Bryan Engfer originally was charged with a single count of theft in a business setting of $5,000 to $10,000 for embezzling from his congregation at Trinity Lutheran Church in Fort Atkinson between April 2012 and April 2018.
On Friday, he pleaded guilty to an amended charge of theft in a business setting of $2,500 to $5,000.
Jefferson County Circuit Court Judge Ben Brantmeier imposed and stayed a sentence totaling one month in jail and subsequently placed Engfer on probation for a total of two years, per a joint recommendation by Jefferson County Assistant District Attorney Monica Hall and Engfer’s attorney, Scott McCarthy.
Under the law, the judge is to consider probation as the first option unless confinement is necessary to protect the public, the offender needs correctional treatment only available in confinement or if the judge believes probation would unduly depreciate the seriousness of the offense.
It was the last point on which Brantmeier acknowledged being stuck.
“You, Mr. Engfer, were in a position of trust,” he said. “Everything you’ve done good for the community is something I will look at, but the trust the parishioners had in you has been betrayed.”
Brantmeier acknowledged that the many good things Engfer did for the community spiritually and for those in need were significant.
“Usually I’m sitting up here looking at sheets of a criminal record,” he said. “What I’m looking at is what you did for the community and how you rose above and helped, only to have that trust shattered.”
Also, the judge pointed to what he defined as a continuing pattern of undesirable behavior, referring to the inappropriate use of the funds going on for several years.
Despite those actions, Brantmeier noted that many of Engfer’s former congregation members still hold his trust.
He also cited a victim impact statement written by the Rev. Amy Waelchi, current pastor at Trinity, that states, “Individually and collectively, we are working toward forgiveness with knowledge that God forgives, and yet even with God, consequences remain. Bryan Engfer must face the consequences of his actions, which he seems unwilling to do.”
Brantmeier acknowledged that some of the comments arose from Engfer being instructed not to speak to anyone about the allegations prior to its resolution.
“By using his role as pastor and the implicit trust in him, he has broken more than laws; in some cases, he has broken people’s faith,” Waelchi wrote. “I have had several people tell me they have lost their faith because of what Bryan has done. People from all walks of life feel broken and betrayed.”
The judge also highlighted the expectations of a pastor provided to him by the church.
“You will need to live with that guilt and ask forgiveness,” Brantmeier told the former pastor. “That is something I can’t give you; that is something only our Lord can give.”
As conditions of probation, Engfer is to pay Trinity Lutheran Church restitution of $16,257.
He also was directed to maintain full-time employment or pursue an education program and undergo any assessment, treatment or counseling as directed.
Engfer, who was installed at Trinity Lutheran as associate pastor in May 1991 and resigned from the church on May 1, 2018, before the embezzlement investigation began, due to reasons not related to the alleged crime, apologized for his actions.
“I would just like to sincerely admit my guilt and apologize to members of my family, to the church, to anyone who has been impacted by my actions,” he said. “I take full responsibility for very poor choices. I regret and I’m very humbled and saddened by what I did.”
During her presentation, Hall pointed out how much the allegations had impacted the community.
“The defendant was an incredibly well-respected member of his community in a very thriving church flock who looked up to him,” she said, noting that in the aftermath of his departure from the church, she heard from people upset about him not being available for baptisms and weddings.
“He also was just an involved member of the community and was generally well-respected and well-liked, which caused a lot of division and issues as things started to come out about this case and about the reasons behind his sudden departure from his position as pastor at Trinity,” the prosecutor said. “There has been ongoing division in the church in general and it has been very difficult for the church council and the current pastor to try and address what is happening with all the members of the church. They are trying to be as forthright as they could and as merciful as they could.”
She added that Waelchi and the council are grateful that the issue has been resolved quickly and that Engfer is taking responsibility for his actions.
He was arrested by the Fort Atkinson Police Department on Thursday, Aug. 9, 2018, in relation to the allegation. He was booked and released with a referral made to the Jefferson County District Attorney’s Office.
Congregation members were informed of the embezzlement allegations via a letter dated Aug. 7 from the 12-member Trinity Lutheran Church Council that detailed the results of an independent audit of the Pastor’s Discretionary Fund by Wegner CPA, Madison.
Hall said the audit of the “Pastor’s Discretionary Fund” showed that the transactions identified by the church counsel and Rev. Waelchli as being fraudulent totaled $13,857.41 and occurred between April 2012 and April 2018. Engfer reportedly had sole control over the fund and repeatedly denied church officials an opportunity to audit the account, which was intended to be used to help people in need of gas money, rent and utilities.
The church treasurer annually asked Engfer for the information necessary to audit the account, but never was given the information. Following his resignation, Engfer had left a checkbook and register for the Pastor’s Discretionary Fund checking account on his office desk.
Checks were found to have been issued to “KMCC.” which is the abbreviation for the Koshkonong Mounds Country Club, where Engfer is a member. Additional checks were written out to Engfer himself with “continuing education reimbursement” written in the memo line. No supporting documentation for such reimbursements was available.
Also, there was a check written out to Goben cars for a vehicle purchased for Engfer.
There were entries found for “FACT” (Fort Atkinson Community Theater), an organization of which Engfer was a member, but not one the church-authorized funds. In addition, there were checks made out to Engfer’s daughter and other members of his family.
“Perhaps what is most upsetting about that piece is that had Engfer gone to the church council, there may have been an opportunity for him to have some of those items paid for by the church,” she said.
She explained that the church’s insurance would cover up to $100,000, but a police report would need to be filed. The church council ultimately voted to file a police report.
“Really, they were trying to have the defendant be held accountable for the misuse of this fund and recoup some of the money that the church is really owed, while at the same time not trying to appear vindictive,” Hall said. “I think the church would like me to inform the court, like I said at the beginning, that it is happy that the defendant has taken responsibility and that he has resolved this quickly so that church community can really start to genuinely heal and come together again as church community and learn to trust one another again.”
She noted that since the allegations against Engfer were revealed, the Pastor’s Discretionary Fund was closed and the church now operates a Good Samaritan Fund viewable to everyone. The money will be capped at $250 per household or once a year, with the situation to be revisited if needed, but special permission is required.
Engfer’s attorney suggested that the entire scenario was an anomalous situation for Engfer.
“In my 27 years of practice, I’m not sure I’ve met a finer human being,” McCarthy said, citing Engfer’s years of helping countless congregation members and being an active volunteer.
“As I’ve had an opportunity to represent Mr. Engfer — I represented Mr. Engfer in his divorce, as well — I’ve had numerous people come to my office to talk to me about him,” he said.
The attorney noted that he instructed the former pastor to not to speak to anyone about the charges or the events surrounding them.
“His marriage had been failing for four or five years; that is one of the reasons he left the church,” McCarthy said. “He had tremendous stress at home. Obviously, no excuse for what was going on.”
Also, he suggested that Engfer was filling a number of transition roles at the church and one significant staff member who had left the church abruptly, while apparently unable to utilize the Pastor’s Discretionary Fund.
“In my view, I think one of the things that happened here is because he was unable to do those things, I think he started thinking, ‘if I can’t do those things, maybe I can do this,’” McCarthy said, acknowledging that it still was inexcusable and Engfer likely would have gotten approval for many of the items had he gone to the church council.
“I think he was embarrassed asking for anything further,” he said. “That is my feeling about what went on. There is no excuse for the conduct.”
Continuing, the defense attorney pointed out that when Engfer first approached him, he had no interest in hearing about any defense or any negotiations. He just wanted to enter a plea.
“In other aspects of his life, Mr. Engfer is a very good man who has done many good things,” McCarthy said. “He betrayed the trust of his church. That is a guilt that he will never be able to overcome and it will live with him forever.”
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