Thomas Hartwell Indictment

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4/26/2023 3:07 PM lmaged

Jam!
(Berk of the Circuit Court
e County. 11.

IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT

KANE COUNTY, ILLINOIS APR 26 2023

CRIMINAL DIVISION
FlED ——o—_"I"?!
ENTERED

PEOPLE OF THE STATE 0F ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF 3 4O

COUNT 01

_
The Grand Jury, charges that on or between December 9, 2019 and November 26, 2020, defendant,

THOMAS HARTWELL

committed the offense of THEFT

(Class 1 Felony)

in that said defendant, while engaged is a series of acts as outlined in 720 ILCS 5/348, the last of which
occurred on or about November 23, 2020, knowingly obtained by deception, control over property of
the County of Kane, being United States Currency, having a total value in excess of $100,000 hut not in
excess of $500,000, intending to deprive the owner permanently of the use or benefit of the property, ,
in violation of 720 ILCS 5/16-1la)(2)(A) of the lllinois Compiled Statutes and defendant's conduct
consisted of a series of acts in furtherance of a single intention or design, as set forth in 725 lLCS 5/111-
4(c); and against the peace and dignity of the People of the State of Illinois.

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

(/W'é
Clerk of the Circuit Court
Kane County. IL

IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT

KANE COUNTY, ILLINOIS


APR 26 2023

CRIMINAL DIVISION "-5-":


_ FILED .
.1:—

ENTERED

PEOPLE OF THE STATE OF ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF a 40

COUNT 02

The Grand Jury, charges that on or between May 1, 2020 and May 16, 2020, defendant,

THOMAS HARTWELL

committed the offense of OFFICIAL MISCONDUCI'

(Class 3 Felony)

in that said defendant, a pubfic officer, in his official capacity as the Kane County Circuit Clerk,
knowingly performed an act which he knew was forbidden bylaw, in that he knowingly authorized
payments from Kane County to Gutierrez Productions Inc. for services performed at a Republican F 31W
political event which occurred on May 16, 2020, in violation of 720 lLCS 5/33-3(a)(2) of the Illinois
Compiled Statutes and contrary to the form of the Statutes in such case made and provided , and
against the peace and dignity of the People of the State of Illinois.

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

Launc-EJW
Clerk of the Circu I Courl
Kane County L
IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIR ZU IT

KANE COUNTY, ILLINOIS APR 26 2023

CRIMINAL DIVISION
FILED "1'"?
ENTERED

PEOPLE OF THE STAT-E OF ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF gI—IO

COUNT 03

The Grand Jury, charges that on or about November 23, 2020, defendant,

THOMAS HARTWELL

committed the offense of OFFICIAL MISCONDUCT

(Class 3 Felony)

in that said defendant, a public officer, in his official capacity as the Kane County Circuit Clerk,
knowingly performed an act which he knew was forbidden by law, in that he knowingly authorized a
payment from Kane County to Gutierrez Productions lnc., based on two invoices, in the amount of
$44,775, in violation of 720 ILCS 5/33~3(a)(2) of the Illinois Compiled Statutes and contrary to the form
of the Statutes in such case made and provided , and against the peace and dignity of the People of the
State of Illinois.

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

c/md
Clerk of the Circuit Can
no County. IL '3
IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCl IT

KANE COUNTY, ILLINOIS APR 26 2023

CRIMINAL DIVISION
FILED "—-"__"7"?"
ENTERED =_____

PEOPLE OF THE STATE 0F ILLINOIS VS THOMAS HARTWELI.

Plaintiff Defendant

General Number: 23 CF gqo

COUNT 04

The Grand Jury, charges that on or about October 26, 2020, defendant,

THOMAS HARTWELL

committed the offense of OFFICIAL MISCONDUCT

(Class 3 Felony)

in that saiddefendant, a public officer, in his official capacity as the Kane County Circuit Clerk,
knowingly performed an act which he knew was forbidden bylaw, in that he knowingly authorized a
payment from Kane County to Gutierrez Productions lnc., in the amount of $15,000, in violation of 720
lLCS 5/33-3la)(2) of the Illinois Compiled Statutes and contrary to the form ofthe Statutes in such case
made and provided , and against the peace and dignity! of the People of the State of lllinois.

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

Clerk of the Circuit Court


Kane County. IL

IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCU


APR 26 2023
KANE COUNTY, ILLINOIS

CRIMINAL DIVISION FKED


ENTERED

PEOPLE OF THE STATE 0F ILLINOIS VS THOMAS HARTWELL

PIaintIff Defendant

General Number: 23 CF %LI O

COUNT 05

The Grand Jury, charges that on or about December 9, 2019, defendant,

THOMAS HARTWELL

committed the offense of OFFICIAL MISCONDUCT

(Class 3 Felony)

in that said defendant, a public ofiicer, in his official capacity' as the Kane County' Circuit Clerk,
knowingly performed an act which he knew was forbidden bylaw, in that he knowingly authorized a
payment from Kane County to Gutierrez Productions Inc., in the amount of $14,900, in violation of 720
ILCS 5/33-3(a)(2) of the Illinois Compiled Statutes and contrary to the form of the Statutes in such case
made and provided , and against the peace and dignity of the People of the State of Illinois, and the
Statute of Limitations is extended pursuant to 720 ILCS 5/3—6lb).

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

Jm'éEma/D
Clerk of the Circuit Court
Kane County. IL

IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUI I.


APR 26 2023

KANE COUNTY, ILLINOIS


afar
FEED
CRIMINAL DIVISION
ENTERED

PEOPLE OF THE STATE OF ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CFWO

COUNT 06

The Grand Jury, charges that on or about December 9, 2019, defendant,

THOMAS HARTWELL

committed the offense of OFFICIAL MISCONDUCT

(Class 3 Felony)

in that said defendant, a public officer, in his official capacity as the Kane County Circuit Clerk,
knowingly performed an act which he knew was forbidden by iaw. in that he knowingly authorized a
payment from Kane County to Dar Illumination LLC, in the amount of $15,000, in violation of 720 ILCS
5/33-3(a)(2) of the Illinois Compiled Statutes and contrary to the form of the Statutes in such case made
and provided, and against the peace and dignity of the People of the State of Illinois, and the Statute of
Limitations is extended pursuant to 720 ILCS 5/3-6(b).

All of the foregoing occurred in Kane County, Illinois.

IN THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT


4/26/2023 3:07 PM lmaged

Jm'é
Olerk of the Circuit Conn
Kane County. IL

KANE COUNTY, ILLINOIS APR 26 2023

CRIMINAL DIVISION
2-—
FILED . .7?

ENTERED——
PEOPLE OF THE STATE 0F ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CFcéI—I O

COUNT O7

The Grand Jury, charges that on or about February 18, 2020, defendant,

THOMAS HARTWELL

committed the offense of OFFICIAL MISCONDUCT

(Class 3 Felony)

in that said defendant, a public officer, in his official capacity as the Kane County Circuit Cierk,
knowingly performed an act which he knew was forbidden bylaw, in that he kn0wingly authorized a

payment from Kane County to Dar Illumination LLC, in the amount of $15,000, in violation of 720 lLCS
5/33-3(a)(2) of the Illinois Compiled Statutes and contrary to the form of the Statutes in such case made
and provided, and against the peace and dignity of the People of the State of Illinois, and the Statute of
Limitations is extended pursuant to 720 lLCS S/3~6(b).

All of the foregoing occurred in Kane County, illinois.


4/26/2023 3:07 PM Imaged

Clerk of the Circuit Court


Kane County. IL
IN'THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIII'

KANE COUNTY, ILLINOIS


APR 26 2023
CRIMINAL DIVISION
Is.-
FILED . .7,

EN ERED
I

PEOPLE OF THE STATE OF ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF $40

COUNT 08

The Grand Jury, charges that on or about February 18, 2020, defendant,

THOMAS HARTWELL

committed the offense of OFFICIAL MISCONDUCI'

(Class 3 Felony)

in that said defendant, a public officer, in his official capacity as the Kane County Circuit Clerk,
knowingly performed an act which he knew was forbidden by law, in that he knowingly authorized a
payment from Kane County to Gutierrez Productions, lnc., in the amount of $14,900, in violation of 720
iLCS 5/33-3la)(2) of the Illinois Compiled Statutes and against the peace and dignity of the People of the
State of Illinois, and the Statute of Limitations is extended pursuant to 720 ILCS 5/3—6(b).

All of the foregoing occurred in Kane County, Illinois.

ll'! THE CIRCUIT COURT FOR THE SIXTEENTH JUDICIAL CIRCUIT


4/26/2023 3:07 PM lmaged

Clef '
C It
KANE COUNTY, ILLINOIs 'Kgna EodfifiltIL°u

CRIMINAL DIVISION
APR 2 6 2023

"'77"
FILED
PEOPLE OF THE STATE OF ILLINOIS vs THOMAS HARTWELL
ENTERED

Plaintiff Defendant

General Number: 23 ($6640

COUNT 09

The Grand Jury, charges that on or about September 30, 2019, defendant,

THOMAS HARTWELL

committed the offense of FILING A FRAUDULENT TAX RETURN

(Class 4 Felony)

in that said defendant willfully filed a fraudulent tax return for tax year 20.1.8, in violation
of 35 ILCS
5/1301 of the Illinois Compiled Statutes and contrary to the form of the Statutes in such case made and
provided, and against the peace and dignity of the People of the State of Illinois.

All of the foregoing occurred in Kane County, lllinois.


4/26/2023 3:07 PM lmaged

~e'
Clerk of the Circuit Cour!
Kane County, IL

KANE COUNTY, ILLINOIS


APR 26 2023
CRIMINAL DIVISION

FILED
ENI ERED

PEOPLE 0F THE STATE 0F ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CFCéLI O

COUNTJD

The Grand Jury, charges that on or about- October 14, 2020, defendant,

THOMAS HARTWELL

committed the offense of FILING A FRAUDULENT TAX RETURN

(Class 4 Felony)

in that said defendant willfully filed a fraudulent tax return for tax year 2019, in violation of 35 lLCS
5/1301 of the Illinois Compiled Statutes and contrary to the form of the Statutes in such case made and
provided, and against the peace and dignity of the People of the State of Illinois.

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

Clerk of the Circuit Gout!


Kane County. IL

KANE COUNTY, ILLINOIS


APR 2 6 2023
CRIMINAL DIVISION

FILED
ENTERED

PEOPLE OF THE STATE OF ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF gLI-D

COUNT H

The Grand Jury, charges that on or about October 7, 2021, defendant,

THOMAS HARTWELL

committed the offense of FILING A FRAUDULENT TAX RETURN

(Class 4 Felony)

inthat said defendant willfully filed a fraudulent tax return for tax year 2020, in violation of 35 lLCS
5/1301 of the lilinois Compiled Statutes and contrary to the forrn of the Statutes in such case made and
provided, and against the peace and dignity of the People of the State of illinois.

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

gimme!
Clerk of the Circuit Court
a County. IL
KANE COUNTY, ILLINOIS

CRIMINAL DIVISION APR 26 2023

FTEED "1'"?
ENTERED
PEOPLE OF THE STATE 0F ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF gq'b

COUNT '34

The Grand Jury, charges that on or about September 23, 2019, defendant,

THOMAS HARTWELL

committed the offense of WIRE FRAUD

(Class 3 Felony)

in that said defendant devised or intended to devise a scheme to defraud the State of Illinois by means
of false representations, and transmitted or caused to be transmitted any writings, a 2018 Form lL-1040,
by means of wire from within this State, which provided false information regarding unreported income
for Tax Year 2018 to his accountant, in violation of 720 ILCS 5/17—2403) of the Illinois Compiled Statutes
and contrary to the form ofthe Statutes in such case made and provided, and against the peace and
dignity of the Peopie of the State of Illinois.

Ail of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

Clerk of the Circuit Court


Kane County. IL

KANE COUNTY, ILLINOIS


APR 26 2023
CRIMINAL DIVISION
FILED
I..." I I—[ lI—IJ —-

PEOPLE 0F THE STATE OF ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF
$4 D

COUNTS

The Grand Jury, charges that on or about September 30, 2019, defendant,

THOMAS HARTWELL

ommitted the offense of WIRE FRAUD

(Class 3 Felony)

in that said defendant devised or intended to devise a scheme to defraud the State of Illinois by means
of false representations, and transmitted or caused to be transmitted any writings, a 2018 Form IL-1040,
by means of wire from within this State, which provided false information regarding unreported income
for Tax Year 2018 to his accountant, who in turn subsequently electronically filed the 2018 Form lL-1040,
in violation of 720 ILCS 5/17-24(b) of the Illinois Compiled Statutes and contrary to the form of the
Statutes in such case made and provided, and against the peace and dignity of the People of the State of
Illinois.

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

Clerk of the Circuit Cour!


Kane County, IL

APR 26 2023
KANE COUNTY, ILLINOIS

CRIMINAL DIVISION FRED


ENTERED

PEOPLE 0F THE STATE 0F ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF $40

COUNT lq

The Grand Jury, charges that on or about October 14, 2020, defendant,

THOMAS HARTWELL

committed the offense of WIRE FRAUD

(Class 3 Felony)

in that said defendant devised or intended to devise a scheme to defraud the State of Illinois by means
of false representations, and transmitted or caused to be transmitted any writings, a 2019 Form IL-1040,
by means of wire from within this State, which provided false information regarding unreported income
for Tax Year 2019 to his accountant, in violation of 720 ILCS 5/17-24(b) of the Illinois Compiled Statutes
and contrary to the form of the Statutes in such case made and provided, and against the peace and
dignity of the People of the State of Illinois.

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

dimes?
Clerk 01 the Circuit Courl
Kane County. IL

APR 26 2023
KANE COUNTY, ILLINOIS
59:-
CRIMINAL DIVISION FILED f"?
ENTERED

PEOPLE OF THE STATE 0F ILLINOIS VS THOMAS HARTWELL


'
PIaintiff Defendant

General Number: 23 CF (ZI-fb

couwns

The Grand Jury, charges that on or about October'14, 2020, defendant,

THOMAS HARTWELL

committed the offense of WIRE FRAUD

(CIass 3 Felony)

in that said defendant devised or intended to devise a scheme to defraud the State of liiinois by means
of false representations, and transmitted or caused to be tranSmitted any writings, a 2019 Form lL-1040,
by means of wire from within this State, which provided false information regarding unreported income
for Tax Year 2019 to his accountant, who in turn subsequently electronically filed the 2019 Form lL-1040,
in violation of 720 ILCS 5/17—24(b) of the Illinois Compiled Statutes and contrary to the form of the
Statutes in such case made and provided, and against the peace and dignity of the People of the State of
lliinois.

All of the foregoing occurred in Kane County, illinois.


4/26/2023 3:07 PM lmaged

dual.
Clerk of the Circuit
Count
9 County. IL

APR 26 2023
KANE COUNTY, ILLINOIS

CRIMINAL DIVISION FILED


ENTERED

PEOPLE 0F THE STATE OF ILLINOIS VS THOMAS HARTWELI.

Plaintiff Defendant

General Number: 23 CF gI-ID

COUNT \(o

The Grand Jury, charges that on or about October 7, 2021, defendant,

THOMAS HARTWELL

committed the offense of WIRE FRAUD

(Class 3 Felony)

in that said defendant devised or intended to devise a scheme to defraud the State of Illinois by means
of false representations, and transmitted or caused to be transmitted any writings, a 2020 Form lL—1040,
by means of wire from within this State, which provided false information regarding unreported income
for Tax Year 2020 to his accountant, in violation of 720 ILCS 5/17-24(b) of the Illinois Compiled Statutes
and contrary to the form of the Statutes in such case made and provided, and against the peace and
dignity of the People of the State of lliinois.

All of the foregoing occurred in Kane County, lllinois.


4/26/2023 3:07 PM lmaged

Clerk of the Circuit Court


Kane County, IL

APR 26 2023
KANE COUNTY, ILLINOIS

CRIMINAL DNISION FlED i—llfiv,

ENTERED

PEOPLE OF THE STATE OF ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF YLI'O

COUNT 1'].

The Grand Jury, charges that on or about October 7, 2021, defendant,

THOMAS HARTWELL

committed the offense of WIRE FRAUD

(Class 3 Felony)

in that said defendant devised or intended to devise a scheme to defraud the State of lllinois by means
of false representations, and transmitted or caused to be transmitted any writings, a 2020 Form lL—1040,
by means of wire from within this State, which provided false information regarding unreported income
for Tax Year 2020 to his accountant, who in turn subsequently electronically filed the 2020 Form lL-1040,
in violation of 720 lLCS 5/17-24(b) of the Illinois Compiled Statutes and contrary to the form of the
Statutes in such case made and provided, and against the peace and dignity of the People of the State of
Illinois.

All of the foregoing occurred in Kane County, Illinois.


4/26/2023 3:07 PM lmaged

Clerk of the Circuit Court


Kane County. IL
KANE COUNTY, ILLINOIS

CRIMINAL DIVISION APR 26 2023

ED
L'.'ll
r1:

ENTERED
PEOPLE 0F THE STATE OF ILLINOIS VS THOMAS HARTWELL

Plaintiff Defendant

General Number: 23 CF
C} Ll-b
COUNT15S

The Grand Jury, charges that on or between September 30, 2019 and October 7, 2021, defendant,

THOMAS HARTWELL

committed the offense of MONEY LAUNDERING

(Ciass 3 Felony)

in that gaid defendant concealed the income he earned for legal services from his accountant and did
not report his true income, using multiple checking accounts to conceal the funds, and caused his
accountant to file fraudulent Illinois Income Tax returns, where he knows or reasonably should know
that this action was designed in whole or in part to conceal or disguise the nature, the location or the
source of the income or to avoid the reporting requirement under State law , said criminally derived
income having a value not exceeding $10,009, in violation of 720 ILCS 5/298-1(a){1)(B)(i){ii)-24(b) of the
Illinois Compiled Statutes and contrary to the form of the Statutes in such case made and provided, and
against the peace and dignity of the People of the State of Illinois.

All of the foregoing occurred in Kane County, Illinois.

ATRUE BILL

Foreperson of the Grand Jury


4/26/2023 3:07 PM lmaged

Jim».\é
Clem of the Citcuit Cour!
Kane County. IL

KANE COUNTY, ILLINOIS


APR 26 2023
CRIMINAL DIVISION
'9.-
FILED . a?
ENTERED

PEOPLE OF THE STATE OF ILLINOIS VS THOMAS HAR'IWELL

Plaintiff Defendant

General Number: 23 CF (Z LI D
COUNT F1.

The Grand Jury, charges that on or between December 9, 2019 and November 23, 2020, defendant,

THOMAS HARTWELL

committed the offense of MISAPPL'ICATION OF FUN,DS

(Class 3 Felony)

in that said defendant, an officer of a unit of'local government, being the elected Kane County Circuit
Clerks Office by authorizing
Clerk, knowingly misapplied the moneys or funds of the Kane County Circuit
payments to DAR Illuminations LLC and Gutierrez Productions, Inc.
for services that the DAR
Illuminations LLC and Gutierrez Productions, Inc. did not do or should not have done with payments
from Kane County Circuit Clerk's Office, in violation of 720 ILCS 5/33E(a) of the Illinois Compiled
Statutes
and
and contrary to the form of the Statutes in such case made and provided, arid against the peace
dignity of the People of the State of Illinois.

All of the foregoing occurred in Kane County, Illinois.

A TRUE BILL

Foreperson of the Grand Jury

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