Former St. Louis circuit attorney Kim Gardner has admitted that she misused office funds to cover expenses in her 2022 disciplinary case stemming from the prosecution of former Gov. Eric Greitens.
Federal prosecutors on Wednesday announced that they had reached a pretrial diversion agreement with Gardner. If she avoids any further illegal acts and pays back the funds in 18 months, she will avoid prosecution.
“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,” U.S. Attorney for the Eastern District of Missouri Sayler Fleming said in a statement.
Ron Sullivan, an attorney for Gardner, said in a statement his client reached the deal with prosecutors to spare “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,” Sullivan said.
The Missouri Supreme Court ruled in 2022 that Gardner had violated several ethics rules in the Greitens case, 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.
Federal prosecutors got this case right, said Thomas Rea, a former assistant U.S. attorney in the Eastern District of Missouri and a partner at Thompson Coburn. Even if Gardner had been tried and convicted, Rea said, federal sentencing guidelines mean she would not have faced prison time.
"That reality, coupled with a minimal loss amount, no evidence of a criminal history, no violence associated with the crime and an employment history of public service and in the health care industry are all consistent with the Department of Justice’s overall position as to when diversion is appropriate,” Rea said. “This is one of those cases, whether folks like it or not.”
BCLP law firm partner Richard Finneran, also a former assistant U.S. attorney in St. Louis, agreed. Prosecutors, he said, had to take some action when confronted with evidence of a crime by a public official.
“At the same time, given the amount of scrutiny and public criticism that Ms. Gardner has endured, I'm confident that the government would have engaged in a very thorough investigation here,” Finneran said. “If all they came up with was this single instance of an improper reimbursement, then perhaps that's some level of vindication for Ms. Gardner against the various accusations leveled against her over the years.”
Gardner’s time in office remains 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 conduct a comprehensive audit of the city. A spokesman for Fitzpatrick said the report, which should be out before the end of the year, “will provide some much-needed answers for lingering questions. We can confirm the auditor's office has cooperated with federal law enforcement and the U.S. attorney's office and will continue to do so to ensure accountability for the people of the city of St. Louis."
This story has been updated with comments from Gardner's attorney, state Auditor Scott Fitzpatrick's office and others.
