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On August 1, 2023, 56-year-old Eric Smith, who is a former Macomb County Prosecutor, pleaded guilty to three felonies for his involvement in an embezzlement case.
Eric was in office from 2004 to 2020 and pleaded guilty to official misconduct in office, a five-year felony, tampering with evidence in a civil proceeding, a four-year felony, and conspiracy to commit forgery, a 14-year felony.
In 2020, following the charges filed against him by the attorney general, Eric Smith resigned, and Michigan State Police conducted a year-long investigation into the embezzlement case, followed by a three-year prosecution.
Eric Smith used public funds to make purchases for secretaries
CBS News reported that authorities found Eric Smith to have misused public funds to throw parties, buy makeup and flowers for some secretaries, purchase a security system for his residence, garden benchers for some staff members' homes, and also for campaign funding.
The Detroit News reported that the Michigan State Police investigation discovered that Eric embezzled more than $600,000 in drug and drunken driving forfeiture funds which were meant for law enforcement.
According to the report by CBS News, the funds were embezzled from four accounts that Eric managed without any regulatory supervision, and these accounts included Drug Forfeiture, Bad Check Restitution, OWI (Operating While Intoxicated) Forfeiture, and Warren Drug Court.
According to the Michigan Department of Attorney General, as per statute, the forfeiture accounts are to be supervised by the County Treasurer.
A press release by the Michigan Department of Attorney General mentioned that the investigation was initiated by a complaint filed by Macomb County Executive Mark Hackel.
According to the press release by the attorney general's office, Michigan Attorney General Dana Nessel said:
"No one is above the law, regardless of what office they serve. The former Prosecutor severely abused his position of power and stole hundreds of thousands of dollars from the people of Macomb County. Those charged with upholding the law should be held to the highest ethical standards. Eric Smith violated the public trust and tainted the Macomb County Prosecutors's Office."
He continued:
"I appreciate the hard work of the Michigan State Police and my Public Integrity Unit for ensuring that Mr. Smith was removed from his position and held accountable for his egregious crimes."
The Detroit News reported that last month, Eric Smith was offered a plea deal by Michigan Attorney General's office where seven counts against him were dismissed.
Eric Smith's co-defendants testified against him under their plea deals
According to the press release by the Michigan Department of Attorney General, three other men were involved in the embezzlement case and have already been convicted.
The press release mentioned that 39-year-old Derrick Miller, 39, pleaded guilty in 2022 to public official refusing to account for county money which was part of the plan with Eric to conceal the accounts and the illegal spending from County Officials.
The Michigan Department of Attorney General reported that 61-year-old Ben Liston, who is the former Macomb County chief assistant prosecutor, also pleaded guilty in 2020 to willful neglect of duty by a public officer. He was penalized with $16,000 in restitution and two months in prison.
The attorney general's office identified a 42-year-old private contractor, William Weber as the third co-defendant, who said that a surveillance system was installed on county property when it was actually set up at Eric's residence. He pleaded guilty in 2021 to conspiracy to commit a legal act in an illegal manner and had to pay $23,960 in restitution.
The press release by the Michigan Department of Attorney General stated that as per their plea agreements, all three co-defendants testified against Eric Smith.
The attorney general's office reported that according to the terms of Eric's plea deal, the court will present a $25,000 restitution order at sentencing, and the amount will be paid to the Macomb County Prosecutor’s Office’s Drug and Operating While Intoxicated (OWI) Forfeiture accounts.
CBS News reported that in 2021, in federal court, Eric pleaded guilty to attempting to obstruct justice and was given a 21-month sentence, which he is serving.
According to the press release by the attorney general's office, during his sentencing, the forfeiture of a significant portion of Eric's pension under the Public Employee Retirement Benefits Forfeiture Act will be ordered. This decision was taken considering that earlier, the court has ordered his pension to be ceased at the Attorney General’s request.
The press release by the Michigan Department of Attorney General, Eric Smith will be sentenced by Judge Nanci Grant on September 6, 2023.
