Former Kane Circuit Clerk Tom Hartwell indicted on 19 felony charges

ST. CHARLES TOWNSHIP – Following a two-year investigation, former Kane County Circuit Clerk Thomas Hartwell has been indicted on charges alleging he misappropriated more than $100,000 in public funds while in office, authorities announced in a Wednesday news release.

For a nearly two-year period, between December 208 and November 2020, Hartwell improperly steered $119,575 to two companies overseen by Robert Gutierrez of St. Charles, Kane County State’s Attorney Jamie Mosser alleged in a news release. Gutierrez, who was president of both companies, also allegedly gave Hartwell $15,000 in kickbacks, Mosser alleged.

A Kane County grand jury indicted both men on Tuesday and they were arrested at their homes Wednesday morning, according to the release. They later appeared before Judge Salvatore LoPiccolo and were released after posting $2,000 bond, the release stated.

Hartwell is a former Kane County Republican Party chairman. He resigned as party chairman in 2017 to launch an unsuccessful run to become a circuit court judge in Kane County. Hartwell had also been a member of the Kane County Board in the late 1990s.

Hartwell, 63, of the 8N500 block of Gingerwood Lane, Elgin Township, was indicted on theft by deception, seven counts of official misconduct, six counts of wire fraud, one count of money laundering, government employee misapplying funds and three counts of income tax fraud, all felonies, the release stated.

Gutierrez, 73, of the 1100 block of Crabapple Lane, St. Charles, was indicted on seven counts of theft by deception and two counts of providing kickbacks, the release stated.

Hartwell did not respond to voicemail messages, nor did his law firm respond to an email seeking comment. Gutierrez’s phone did not accept messages. The phone number for Gutierrez’s businesses was disconnected and an email listed for one of the companies was not valid.

The investigation started after Mosser alerted the Illinois State Police in January 2021 to “what appeared to be misappropriated county funds by Hartwell,” the release stated.

“The investigation revealed that Hartwell spent county money to promote a May 2020 event billed as a PPE/care package giveaway. But it actually was a political event for which county funds should not have been approved,” the release stated.

Hartwell also allegedly didn’t properly report income for tax purposes in 2018, 2019 and 2020, as well as gave his accountant false information during those years, the release stated.

The most serious charges are theft by deception, a Class 1 felony that both men face, punishable by four to 15 years in prison and fines up to $25,000 or probation up to 48 months, if convicted.

The other 18 charges against Hartwell are Class 3 felonies, punishable by two to five years in prison and fines up to $25,000, or probation, if convicted.

Gutierrez’s six theft by deception charges are Class 2 felonies, punishable by four to seven years in prison and fines up to $25,000, or probation up to 48 months, if convicted.

As a condition of their bond, the men were ordered to surrender their passports and ordered not to have contact with each other.

“The Illinois State Police Special Investigations Unit is dedicated to seeking out those who betray the public trust,” ISP Director Brendan F. Kelly stated in the release. “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.”

Both men are scheduled to appear in court next on May 26.