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Former Macomb County Prosecutor Eric Smith pleads guilty in embezzlement case

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MACOMB COUNTY, Mich. (CBS DETROIT) - Former Macomb County Prosecutor Eric Smith pleaded guilty to three felonies in connection to an embezzlement case. 

Smith, 56, who served as the Macomb County Prosecutor from 2004 until 2020, 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. 

He resigned in 2020 after the attorney general filed criminal charges. This embezzlement case followed an investigation by Michigan State Police that lasted a year and then a three-year prosecution. 

During the hearing, Smith admitted to misusing public funds while he was the county's prosecutor. 

Authorities discovered that Smith and others used the funds for parties, to purchase makeup and flowers for some secretaries, for the purchase of a security system for Smith's home, garden benchers for some staff members' homes and for campaign funding. Smith used hundreds of thousands of dollars to pay for these things. 

The funds were pulled from four accounts Smith controlled without any official oversight. The accounts included Drug Forfeiture, Bad Check Restitution, OWI Forfeiture and Warren Drug Court.

"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," said Nessel. "Eric Smith violated the public trust and tainted the Macomb County Prosecutors's Office. 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." 

 Three other individuals have already been convicted in connection to this embezzlement case: 

  • Derrick Miller, 39, pleaded guilty in 2022 to public official refusing or neglecting to account for county money 
  • Ben Liston, 61, who is the former Macomb County chief assistant prosecutor, pleaded guilty in 2020 to willful neglect of duty by a public officer. He was ordered to pay $16,000 in restitution and to serve two months in jail.
  • William Weber, 42, a private contractor, who on an invoice falsely said a surveillance system was installed on county property when it was actually put at Smith's home, pleaded guilty in 2021 to conspiracy to commit a legal act in an illegal manner. He was ordered to pay $23,960 in restitution.

These three men agreed to testify against Smith as part of their plea deals. 

Smith's sentencing is scheduled for Sept. 6. In 2021, in federal court, he pleaded guilty to attempting to obstruct justice and is serving a 21-month sentence for those charges. 

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