Crime & Safety

Ex-Kane Co. Court Clerk Accused Of Stealing County Funds

Thomas Hartwell faces several felony charges alleging he stole more $120,000 between December 2018 and November 2020, authorities said.

Authorities say Hartwell spent county money to promote a May 2020 event billed as a PPE/care package giveaway but actually was a political event for which county funds should not have been approved.
Authorities say Hartwell spent county money to promote a May 2020 event billed as a PPE/care package giveaway but actually was a political event for which county funds should not have been approved. (Kane County Court )

KANE COUNTY, IL —Felony charges have been filed against former Kane County Circuit Court Clerk Thomas Hartwell in connection with allegations he misused county funds.

Hartwell, 63, of Gingerwood Lane in Elgin, is charged with theft by deception of more than $100,000, official misconduct, wire fraud, money laundering, government employee misapplying funds and income tax fraud.

Authorities say that between December 2018 and November 2020, Hartwell misappropriated nearly $120,000 in Kane County funds. On several occasions, he paid the funds to Gutierrez Productions Inc. and Dar Illuminations LLC, which are businesses owned by Robert Gutierrez, 73, of Crabapple Lane in St. Charles, according to a news release from the Kane County State's Attorney's Office.

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Hartwell spent the county money to promote a May 2020 event billed as a PPE/care package giveaway but actually was a political event for which "county funds should not have been approved," according to prosecutors. The event, promoted in a May 14, 2020, press release, happened at New Life Covenant Church in Elgin on May 16.

People were given protective face masks, hand sanitizer, food items and fresh Oberweis milk, according to the news release.

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Hartwell is also accused of receiving $15,000 in kickbacks from Gutierrez. Gutierrez has been charged with providing kickbacks and theft by deception for his alleged role in the financial scheme.

The two-year investigation by Illinois State Police and The Illinois Department of Revenue also revealed Hartwell did not report income on his 2018, 2019 and 2020 income taxes, and also provided false information about his income to his accountant, according to prosecutors.

Bail has been set at $20,000 for both Gutierrez and Hartwell. Both men were taken into custody Wednesday at their homes and have since been released from jail after posting bond.

As conditions of bond, each man was ordered to surrender his passport and to have no contact with one another.

The men are next expected in court on May 26 at the Kane County Judicial Center.

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