MACOMB COUNTY, Mich. – Macomb County Prosecutor Eric Smith has been hit with 10 criminal corruption charges -- including running a criminal enterprise, a 20-year felony -- in connection with the alleged misuse of county forfeiture funds.
Smith faces considerable jail time if he’s found guilty, but the case reaches far beyond the prosecutor. He’s accused of turning the top law enforcement office in the state’s third-most populated county into a criminal enterprise.
After the state raided Smith’s office last April, and then his home a month later, Smith said, “I recognize, you know, this does not look great.”
On Tuesday, Smith was charged with conducting a criminal enterprise, five counts of embezzlement by a public official, misconduct in office, tampering with evidence, accessory after the fact and conspiracy to commit forgery.
State officials allege Smith’s right-hand man, current Prosecutor’s Office operations manager and former Macomb County state representative and county treasurer Derek Miller, committed misconduct in office and conspiracy to commit a legal act in an illegal manner with Smith.
Retired Prosecutor’s Office employee Benjamin Liston is also charged, as is William Weber Jr., who owns a security company.
The scene began with a fight over who could manage a forfeiture account, officials said. Smith claimed it was his and allegedly refused to turn over records to the county, according to authorities.
That got Macomb County Executive Mark Hackel’s attention, and he called on the Michigan Attorney General’s Office.
“I was surprised by the number of charges, but not that charges were brought,” Hackel said.
In the end, Smith turned over money to the county, but not the records.
“Smith and corhorts elected to utilize these accounts as their own personal slush funds spent in order to enrich themselves or others to build good will in the community as Smith would seek re-election,” Attorney General Dana Nessle said.
The case dates back to 2012 and involves $600,000, according to the attorney general.
Hackel gave credit Tuesday to county treasurer Larry Rocca, who originally fought with Smith over the forfeiture fund records.
Hackel said Miller refused when given the opportunity to get the records.
Arraignments
Weber was arraigned Tuesday afternoon in front of Southfield 46th District Court Judge Cynthia Arvant via video from the Michigan State Police North Metro Post.
He was released on a $100,000 personal recognizance bond and ordered not to have contact with his co-defendants or travel outside the state. He also has to surrender his passport to District 4B probation within 48 hours, officials said.
A probable cause conference is scheduled for May 19.
Smith, Miller and Liston are scheduled to be arraigned via video from the Michigan State Police North Metro Post at 10 a.m. Friday.