Ex-Macomb County Prosecutor Eric Smith sentenced in corruption case
MACOMB COUNTY, Mich. (FOX 2) - Former Macomb County Prosecutor Eric Smith will spend four years on probation for his role in a corruption case.
In August, Smith pleaded guilty to official misconduct in office, tampering with evidence in a civil proceeding, and conspiracy to commit forgery. As part of that plea, he must pay $25,000 in restitution to the forfeiture funds authorities say he stole from.
Authorities say Smith, along with others, used the funds to throw parties, put a security system on his home, and more.
Michigan Attorney General Dana Nessel filed a sentencing memorandum in this case seeking the maximum allowable forfeiture of Smith’s public pension. The Public Employee Retirement Benefits Forfeiture Act allows for only the forfeiture of pension benefits accrued after the first act that resulted in a felony conviction.
The earliest act for which Smith admitted guilt occurred March 24th, 2014, and as such, the forfeiture act is triggered from this date and Michigan criminal law does not allow for more extensive forfeiture, Nessel's office said.
"That Eric Smith is allowed to retain any portion of his pension after so egregiously violating the public trust for many years is striking evidence that the law on this matter is badly inadequate to address the scope of Smith’s crimes," Nessel said. "I would encourage our legislative partners to revisit the statute that has limited our prosecutorial ability to remove the full pension benefits of such a prolific thief of public dollars and public trust."
Derrick Miller, 39, pleaded guilty in 2022 to a Public Official Refusing or Neglecting to Account for County Money, a misdemeanor, as part of the scheme with Smith to hide the accounts and the spending.
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Ben Liston, 61, the former Macomb County chief assistant prosecutor, pleaded guilty in 2020 to three charges of Willful Neglect of Duty by a Public Officer holding a public trust. Liston, under his plea agreement, relinquished his law license, was ordered to pay $16,000 in restitution for his crimes, and will serve two months in jail.
William Weber, 42, a private contractor, falsified an invoice to misrepresent a security system installation as having been for a county property when it was actually installed at Smith's home. He pleaded guilty in 2021 to Conspiracy to Commit a Legal Act in an Illegal Manner. Weber was ordered to pay $23,960 in restitution to the county.