A Schuylkill County judge has dismissed all theft-related charges against a former church bookkeeper ruling that the prosecution was initiated after the statute of limitations had expired.
Schuylkill County Common Pleas Judge William L. Burke rules that all counts against Neil Sokola be dismissed on Feb. 23.
Sokola, who served as the office manager and bookkeeper for St. Matthew the Evangelist Church in Minersville since approximately 2012, was charged with Theft by Unlawful Taking or Disposition, Theft by Failure to Make Required Disposition of Funds Received, and Receiving Stolen Property. A criminal complaint was filed against Sokola on February 18, 2025.
In original court documents, it was alleged that Sokola caused a loss of $373,328.97 to the church between 2012 and his resignation on Nov. 8, 2019.
State law requires that prosecution for theft-related offenses, including those leveled against Sokola, must start within five years after the alleged crimes are committed.
The prosecution in this case argued for an extension of the statute of limitations under an exception that allows for additional time if an offense has a material element of fraud or a breach of fiduciary obligation, and prosecution begins within one year of discovery.
Burke, in his 26-page opinion, found neither fraud nor breach of fiduciary duty was a material element of the crimes charged, citing state Supreme Court and Superior Court precedent.
That opinion from Burke says Sokola’s duties as an office manager and bookkeeper did not constitute that of a fiduciary and that the charges of Theft by Unlawful Taking, Receiving Stolen Property, and Theft by Failure to Make Required Disposition of Funds do not include fraud as an element.
Even if the extension applied, Burke says, the prosecution was still too late.
The court identified several dates when the church, as the aggrieved party, discovered the alleged financial irregularities:
- October 2019: The pastor, Rev. Jason Stokes, became aware of financial irregularities, including discrepancies in deposits and retaining of checks, and requested a field auditor.
- Nov. 8, 2019: Sokola resigned. The court used the last date of employment as a commencement point for the statute of limitations under case law, meaning charges should have been brought on or before Nov. 8, 2024.
- January 2020: The Diocesan Field Auditor, Heather Capuano, commenced a “soft audit” and determined a “high probability of theft”. Charges filed on Feb. 18, 2025, exceeded five years from this date.
The court stated that none of the factors presented by Stokes to justify the delay, such as the church consolidation process, the condition of files, or the limited availability of the auditor, constituted a “valid reason for disregard of the one-year provision” or justified the delay in starting the proverbial clock on the statute of limitations.
Burke concluded that “the case at bar was instituted Feb. 18, 2025, in excess of five years from the date of discovery of financial wrongdoing under any factual scenario, Sokola’s resignation, and commencement of ‘soft audit'”. Therefore, the court was mandated to grant the motion to dismiss the case.
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