Ex-Macomb prosecutor Eric Smith to report back to federal jail, no plea
Ex-Macomb County Prosecutor Eric Smith is about to show himself in to federal jail officers Thursday in a kickback scheme, however he will not have a plea settlement in place in a separate state embezzlement case.
Smith, 55, is dealing with 10 fees, with state prosecutors alleging he embezzled lots of of 1000’s of {dollars} from his former workplace’s drug and forfeiture funds for private and unauthorized enterprise bills throughout the course of a number of years.
The bills included purchases for a safety system at his Macomb Township house; church donations; mini iPads for a faculty one in all his kids attended; vacation events for workers; and gadgets for workers who retired or who misplaced a relative, corresponding to flowers, a bench, a plaque, reward playing cards and extra.
Throughout a pretrial listening to on Wednesday, Oakland County Circuit Choose Nanci Grant stated she’s going to ship out ultimate pretrial and trial dates in addition to deadlines for plea affords and plea acceptances.
Grant, who’s dealing with the case after all of the Macomb judges recused themselves, stated a trial would be performed in Macomb County with Macomb County residents, as these are Smith’s friends.
Smith served as a longtime prosecutor in Michigan’s third-most populous county. He resigned on March 30, 2020, lower than every week after he was charged within the embezzlement probe.
Smith was disbarred efficient June 15, in line with a discover on the Michigan Lawyer Self-discipline Board that referenced his federal courtroom conviction. Prices of simply over $1,051 additionally had been assessed, in line with the discover.
In April, one in all Smith’s attorneys, John Dakmak, instructed Grant there had been some conversations a few potential decision within the case.
Assistant Lawyer Basic Michael Frezza stated Wednesday that authorities had been hopeful there would be a plea settlement between the prosecution and Smith, however there’s not, in line with the listening to, which was posted on the WXYZ Native 7 web site.
Dakmak stated he didn’t consider negotiations had come to a standstill, and it is one thing that presumably could possibly be labored out, however he had nothing to current the courtroom.
Frezza requested for Smith’s legal professional to report back to prosecutors and the courtroom at what federal jail Smith is being housed in and to offer 30 days’ discover earlier than his tentative launch date so the circuit courtroom may adjudicate the embezzlement case.
Extra:Ex-Macomb prosecutor Eric Smith at sentencing says he made very poor selections, selections
Extra:Choose freezes almost $6,900 a month pension of ex-Macomb County prosecutor Eric Smith
Smith is to give up to the Federal Bureau of Prisons within the unrelated federal case on Thursday. He pleaded responsible in federal courtroom in January 2021 after being accused of stealing just below $75,000 from his marketing campaign fund from 2012 to 2019.
He was sentenced on Feb. 16 to 21 months in federal jail and initially was to report inside 90 days of his sentencing, or in mid-Might. The federal choose in Detroit signed an order for a brand new date for Smith to give up to federal jail — on or after June 15, however no later than June 30.
Dakmak stated he had no concern with holding Grant and the prosecution apprised of Smith’s whereabouts, including “we now have been holding that quiet for a while, I believe for apparent causes. His location might be not of substance to the general public at giant and there’s a concern that his recognized wherabouts to the general public at giant could possibly be a security concern to himself.”
Dakmak requested that it’s topic to a protecting order, that the federal government not launch it to the general public at giant as a result of there’s “sincerely a priority for his security.” The federal jail Smith will probably be lodged in was not disclosed throughout the listening to.
Grant requested if Dakmak was saying “that the whereabouts a few federal prisoner, identical to a state prisoner, is just not a part of public information? That is the primary I’ve heard of that.”
She stated if Dakmak did not wish to disclose the federal jail location proper now that did not matter to her, however sooner or later she stated it’ll be disclosed as a result of she has to signal a writ with the intention to deliver Smith again to attempt him.
Grant additionally stated she may have tried the case within the final three months, throughout which either side indicated they had been engaged on a decision.
Frezza stated if Smith is convicted as charged, together with racketerring, the prosecution’s sentencing pointers can be 57 to 95 months, including it’s a 20-year felony.
Grant stated she would maintain a restitution listening to if there was a dispute on the quantity of restituion if there’s a responsible plea.
Extra:Former Macomb treasurer Derek Miller pleads responsible in embezzlement case
Extra:Former Macomb chief assistant prosecutor pleads responsible to misdemeanors
Extra:Businessman: Ex-Macomb prosecutor tried to ‘disguise’ safety work finished at his house
Earlier this month, former county treasurer Derek Miller, who additionally served as chief of operations for Smith, pleaded responsible to a misdemeanor cost in embezzlement case.
He was the third individual to plead within the probe after businessman William Weber and Smith’s former chief assistant prosecutor, Benjamin Liston. Weber and Liston pleaded responsible in district courtroom a yr or extra in the past and are awaiting sentencing.
Miller, who resigned from the county in February, pleaded responsible to the 90-day misdemeanor cost of a public official refusing/neglecting to account for county cash. His sentencing is about for Aug. 10.
Contact Christina Corridor: chall@freepress.com. Comply with her on Twitter: @challreporter.
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