Former Kane County Circuit Clerk charged with several felonies for misusing public funds while in office
KANE COUNTY — Thomas M. Hartwell, 63, the former Kane County Circuit Clerk from Gingerwood Lane in Elgin was recently indicted by a grand jury for several felony offenses involving misusing public funds while in office.
Kane County State’s Attorney Jamie Mosser and Illinois State Police (ISP) Director Brendan Kelley also indicted 73-year-old businessman and St. Charles resident Robert Gutierrez for his involvement in the scheme.
Hartwell is being charged with the following: theft by deception in the amount greater than $100,000, a Class 1 felony; seven counts of official misconduct, Class 3 felonies; six counts of wire fraud, Class 3 felonies; money laundering, a Class 3 felony; government employee misapplying funds, a Class 3 felony; and three counts of income tax fraud, Class 4 felonies.
According to the State’s Attorney’s Office, back in January 2021, Mosser notified the ISP’s Special Investigations Unit about what appeared to be misappropriated county funds.
The ISP and the Illinois Department of Revenue then proceeded to launch a two-year in-depth investigation into Hartwell following the allegations against him.
Allegedly, between December 2018 and November 2020, while still in office as the Kane County Circuit Court Clerk, Hartwell misappropriated county funds in the amount of $119,575.
Additionally, Hartwell is alleged to have received $15,000 in kickbacks from Gutierrez.
For his involvement in the scheme, Gutierrez was charged with the following: theft by deception in an amount greater than $100,000, a Class 1 felony; six counts of theft by deception of funds greater than $10,000, Class 2 felonies; and two counts of providing kickbacks, Class 3 felonies.
Mosser further alleges that on multiple occasions, Hartwell misappropriated Kane County funds to Gutierrez Productions, Inc., and Dar Illuminations, LLC. Gutierrez acts as the president of both businesses.
Investigation efforts revealed that Hartwell spent the county money to promote a May 2020 event that was billed as a Personal Protection Equipment (PPE)/care package giveaway, but was instead a political event that should not have had county funds approved for.
Hartwell also failed to report income on his 2018, 2019, and 2020 income taxes as well as provided false information about his income in those years to his accountant.
Following the indictments on April 23, a judge signed a warrant for the arrest of both Hartwell and Gutierrez. Both men’s bail was set at $20,000 each, with 10% ($2,000) to apply for bond.
Authorities took Hartwell and Gutierrez into custody at their homes on April 26, with both men appearing that same day in Kane County bond court.
Kane County Judge Salvatore LoPiccolo released both men from custody on their promise to appear in court on their next scheduled appearance set to take place on May 26 at 9 a.m. in Courtroom 319 at the Kane County Judicial Center.
As a condition of bond, Hartwell and Gutierrez were both ordered to surrender their passports and were ordered to have no contact with each other.
“My thanks to Illinois State Police Director Brendan Kelly, ISP’s Special Investigations Unit, and the Illinois Department of Revenue for their work on this investigation,” said Mosser.
Kelly added, “The Illinois State Police Special Investigations Unit is dedicated to seeking out those who betray the public trust. This arrest is the result of a coordinated interagency investigation and we will continue to work with our partners in law enforcement and the justice system to pursue cases of misconduct and corruption.”
While many Kane County residents were angered by the news, some were not surprised by the crime that took place by a government official.
