ST. LOUIS—Former St. Louis Circuit Attorney Kim Gardner has admitted to misusing public funds to pay for costs incurred by the state’s supreme court for its investigation into ethics violations and will avoid federal prosecution if she repays the costs and avoids breaking any laws over the next 18 months.

Federal prosecutors say Gardner, who resigned abruptly in May of 2023 amid state legislative pressure and removal proceedings undertaken by Attorney General Andrew Bailey, ordered her then-employees at the St. Louis Circuit Attorney’s Office to write checks totaling $5,004.33 from an official account as reimbursement for the same amount she paid to the Missouri Supreme Court as part of its disciplinary case against her over the office’s handling of its prosecution of then Gov. Eric Greitens.

According to a diversion agreement signed by Gardner in July but released Wednesday, the money was “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. Kimberly Gardner was not entitled under the law to that additional compensation.” 

“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,” U.S. Attorney Sayler Fleming said 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.”

Gardner could still face further scrutiny. The office of State Auditor Scott Fitzpatrick has been investigating her tenure and spent months trying to locate her. In May, Fitzpatrick told reporters his staff found evidence of inappropriate expenditures and mismanagement. On Wednesday, a Fitzpatrick spokesperson told Spectrum News that  the audit report will be done by the end of the year.

"While we cannot comment on the contents of the final Audit Report of the CAO until it is released to the public, it 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," the statement said.

A spokesperson for St. Louis Circuit Attorney Gabe Gore told Spectrum News that no aspect of Gardner's tenure is under investigation by his office, but declined further comment.