Show-Me State Times

Former St. Louis Circuit Attorney Kimberly M. Gardner has admitted to misusing public funds and has entered a pretrial diversion program in U.S. District Court in St. Louis.

Gardner acknowledged directing her employees to issue checks totaling $5,004.33 from the Contingent Fund Account of the St. Louis Circuit Attorney’s Office. These funds were used to reimburse her for 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 had reprimanded Gardner for violating ethical rules during the prosecution of former Missouri Governor Eric Greitens. According to Missouri statute, the Contingent Fund is intended only for expenses necessary for fulfilling the duties of the Circuit Attorney’s Office. The diverted funds "were deposited in her personal bank account and used for her personal expenses unrelated to her job duties and the operations of the Circuit Attorney’s Office," as stated in the diversion agreement.

The U.S. Attorney’s Office took jurisdiction over this case because St. Louis receives federal program funds exceeding $10,000 annually and because Gardner admitted to misusing more than $5,000 in public funds.

Under the terms of the agreement, prosecution is deferred for 18 months during which Gardner must avoid breaking any laws, report to a pretrial services officer, and comply with their instructions. She is also required to repay the diverted funds 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. "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 this case while it was investigated by the FBI.