‘Conversations’ about possible resolution in embezzlement case
An legal professional for ex-Macomb County Prosecutor Eric Smith said there have been some conversations about a likely resolution in the condition circumstance against Smith, who is accused of embezzling money from drug and forfeiture resources in his former business.
“It is ongoing. I consider it is significant at this time,” John Dakmak, Smith’s attorney, informed Oakland County Circuit Judge Nanci Grant throughout a pretrial Wednesday.
Grant was assigned the scenario after all of the Macomb County circuit judges recused them selves.
Dakmak explained he did not want to get into information and requested for another pretrial in the upcoming two to a few weeks.
No court docket date has been set in the scenario or that of co-defendant Derek Miller, Smith’s former main of functions. Very last month, Assistant Michigan Lawyer Standard Michael Frezza informed Grant his place of work experienced some preliminary discussions with Miller’s lawyer.
Smith is facing 10 counts in the embezzlement scenario and Miller is dealing with two rates.
Smith, 55, is accused of embezzling hundreds of thousands of dollars from the funds for personal and unauthorized expenditures, including a safety method at his Macomb Township property, donations to churches and presents for employees.
Two some others snared in the probe have pleaded responsible and are awaiting sentencing.
Miller’s legal professional, Steve Fishman, submitted a movement to quash. Fishman and Frezza argued the motion Wednesday.
Grant said she would not make a ruling Wednesday and asked for much more information and facts.
“We have all kinds of evidence to exhibit Mr. Miller experienced no criminal intent in anyway,” Fishman reported, which includes testimony from witnesses who worked in the county prosecutor’s office and testified “below oath just after immunity from the (point out) prosecutor.”
A lot more: Ex-Macomb prosecutor Eric Smith at sentencing says he created very lousy choices, decisions
Much more: Choose freezes nearly $6,900 a thirty day period pension of ex-Macomb County prosecutor Eric Smith
Prosecutors allege Miller recommended transforming the Employer Identification Figures (EIN) on the accounts.
Frezza stated Miller, a previous county treasurer, claimed Smith agreed, and Miller went to the financial institution with Smith’s previous administrative secretary “and does that.” He said Miller refused to change the numbers back. Frezza said changing the numbers impeded the county treasurer’s skill to establish and identify the accounts.
Last month, Grant froze a approximately $6,900-a-month pension Smith has been obtaining considering the fact that 2020, for each a request from the Michigan Attorney General’s Workplace. The buy freezes any retirement profit linked with or payable by the Macomb County Workers Retirement System (MCERS) for Smith or Miller.
More: Prosecutor suspended for role in kickback scheme in Macomb County
Smith resigned March 30, 2020, significantly less than a 7 days right after he was charged in the embezzlement probe. Miller resigned in February.
The Attorney General’s Workplace explained Smith experienced been amassing a pension or advantage from MCERS, together with for the time just after 2012 when it alleges the embezzlement began. Smith was amassing $6,897 per month and also had currently been given $116,134 in an annuity hard cash payout from the retirement program.
Smith was sentenced to 21 months in federal jail in an unrelated case in which he was accused of stealing funds from his campaign fund in a kickback scheme that operated whilst he was prosecutor.
He is to report within just 90 days of his Feb. 16 sentencing. Smith pleaded responsible to obstruction of justice charges in federal court docket in January 2021 just after remaining accused of stealing just underneath $75,000 from his campaign fund from 2012 to 2019.
Call Christina Hall: chall@freepress.com. Observe her on Twitter: @challreporter.
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This posting at first appeared on Detroit Free Press: Possible resolution in embezzlement circumstance from ex-Macomb prosecutor
