MOUNT CLEMENS, Mich. – In exchange for turning two felony charges into one misdemeanor, the right-hand man of former Macomb County Prosecutor Eric Smith has agreed to testify that Smith took drug forfeiture money that should have gone to the public and instead used it for parties, gifts for secretaries, and more.
Derek Miller was the chief operating officer of the Macomb County Prosecutor’s Office under Smith.
Miller has reached a plea deal that includes testifying against his former boss. According to court documents, he’s willing to testify that he obscured hundreds of thousands of dollars in drug asset forfeiture money so that other entities, such as the Macomb County treasurer, couldn’t get a look at it.
Smith is accused of using that money as a personal slush fund. The hundreds of thousands of dollars should have been for “the public good,” by law, but Smith used it to buy flowers and makeup for secretaries, a security system for his home, parties at country clubs, and more, according to Michigan Attorney General Dana Nessel.
In return for his testimony, Miller will plead to a misdemeanor charge instead of the two felonies he was facing, court records show. He wouldn’t have to serve any jail time, according to the deal.
Smith has already pleaded guilty to obstruction of justice in a federal case against him for misusing his campaign accounts, but he’s still facing embezzlement charges from Nessel.
A judge has to sign off on Miller’s plea deal. It’s unclear whether Smith will reach a plea deal or go to trial. Miller won’t be sentenced until that case concludes.
Here’s Mara MacDonald’s full story:
