Former St. Louis Circuit Attorney Kim Gardner, through her attorney, is adamant she did not break the law regarding use of campaign funds for personal spending, regardless of media reports.
In a statement released by Gardner’s counsel Ronald L. Sullivan Jr., the former city prosecutor entered into a pre-charge diversion agreement with the U.S. Attorney’s office.
“The parties agreed to resolve the matter prior to any criminal action commencing and to spare the district the time and costs associated with defending any claim of criminal wrongdoing. While Ms. Gardner was prepared to vigorously defend any allegations that may have been lodged against her, she and the government agreed to end any dispute and terminate any investigation with the pre-charge diversion agreement”
“Ms. Gardner has not been charged with a crime. Accordingly, Ms. Gardner has not entered a guilty plea to any crime, nor would she do so. The pre-charge diversion agreement resolves a potential dispute between Ms. Gardner and the government, without need for a federal trial, involving whether Ms. Gardner was lawfully reimbursed from a proper Circuit Attorney Office account for certain expenses she incurred while she served as the Circuit Attorney.
Federal prosecutors announced the pretrial diversion agreement on Wednesday. According to prosecutors, Gardner avoids possible prosecution if she does not become involved in another “illegal acts” and pays back the funds in 18 months.
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. She 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,” said U.S. Attorney Sayler A. Fleming in a statement.
“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.”
The Missouri Supreme Court ruled in 2022 that Gardner had violated several ethics rules in her prosecution of former Gov. Eric Greitens and fined her $750. She also had to cover the cost of the disciplinary proceedings against her, which totaled $4,254.33. Altogether, she was required to pay $5,004.33.
According to Fleming’s office, Gardner had employees of the circuit attorney write checks from the circuit attorney contingent fund to reimburse her for the payment. Under state law, that fund can only be used for expenses like bringing in witnesses from other states or printing copies of briefs.
Because the amount drawn from the contingency account was more than $5,000, and the city receives more than $10,000 in federal funds a year, Gardner violated federal theft laws.
Gardner’s time in office is under review by state Auditor Scott Fitzpatrick and is the last report that’s needed to finish a 2018 request by the St. Louis Board of Aldermen to do a comprehensive audit of the city.
St. Louis Public Radio’s Rachel Lippmann contributed to this report
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