Kimberly M. Gardner, Misusing Public Funds, Missouri 2024

Former St. Louis Circuit Attorney Admits Misusing Public Funds

In a shocking turn of events, former St. Louis Circuit Attorney Kimberly M. Gardner has admitted to misusing public funds, totaling $5,004.33, from the Contingent Fund Account in the St. Louis Circuit Attorney’s Office. The funds were meant to be used for the proper and vigorous prosecution of the duties of the Circuit Attorney’s Office, but instead, were deposited into Gardner’s personal bank account and used for her personal expenses.

According to the diversion agreement, Gardner directed her employees to issue a series of checks totaling $5,004.33 to reimburse her for paying the fees and costs assessed against her personally by the Missouri Supreme Court in its August 30, 2022, Disciplinary Order, Case Number SC99645. The Supreme Court reprimanded Gardner and found that she had violated ethical rules during her office’s prosecution of former Missouri Gov. Eric Greitens.

The U.S. Attorney’s Office has jurisdiction in the case because the City of St. Louis receives federal program funds in excess of $10,000 annually and because Gardner admitted misusing more than $5,000 in public funds. The agreement defers prosecution for a period of 18 months, during which time Gardner must avoid violating any laws, report to a pretrial services officer and follow the instructions of that pretrial services officer.

Gardner is also required to repay the diverted funds to the Circuit Attorney’s Office as restitution. The agreement follows a thorough investigation by the U.S. Attorney’s Office and the FBI, during which investigators interviewed all pertinent witnesses and reviewed all available evidence and financial records.

Defendant: Kimberly M. Gardner

Criminal Charges: Misusing Public Funds

City and State: St. Louis, Missouri

Exact Date: February 22, 2024

Sentence or Outcome: Pretrial Diversion Program, 18-month deferral of prosecution

Dollar Amounts: $5,004.33

According to U.S. Attorney Sayler A. Fleming, “This is a just and fair outcome for a case involving a former official and the misuse of public funds that just met the minimum required under the pertinent federal criminal statute.” Assistant U.S. Attorney Hal Goldsmith handled the case, and the FBI investigated the matter.

The diversion agreement can be found at diversion_agreement_final.pdf.

Source: https://www.justice.gov/usao-edmo/pr/former-st-louis-circuit-attorney-admits-misusing-public-funds