Former St. Louis Circuit Attorney Kim Gardner is in a pretrial diversion program after admitting to misusing public funds. She acknowledged having her employees write checks from the office's contingent fund, which she deposited into her personal account. Gardner used the $5,004.33 to pay a fine and related costs from the Missouri Supreme Court, according to KSDK.

The issue began when the Missouri Supreme Court fined Gardner for her management of the 2018 prosecution of then-Gov. Eric Greitens. The U.S. Attorney's Office indicated that the Contingent Fund is generally used for expenses related to the Circuit Attorney’s Office. It was revealed that Gardner was "not entitled under the law to that additional compensation," with the diversion agreement detailing the improper use of funds for personal benefit, as reported by First Alert 4.

Before this agreement, Gardner was investigated by state bar officials and accepted a reprimand and a $750 fine to avoid more serious penalties like disbarment. The agreement obtained by St. Louis Today stated, "Kimberly Gardner was not entitled under the law to that additional compensation." It also revealed that Gardner admitted to directing checks for disciplinary costs to be issued to herself and deposited into her personal bank account. Misusing public funds becomes a federal crime when it exceeds $5,000. U.S. Attorney Fleming noted that Gardner's case "just met the minimum required." Federal oversight applies because the City of St. Louis receives more than $10,000 in federal program funds each year, and the funds misused by Gardner totaled over $5,000. This case involves federal jurisdiction and Gardner's professional ethics.