Sentencing of former prosecutor postponed
Delay likely related to ongoing state case
A judge has adjourned the upcoming sentencing of former Macomb County prosecutor Eric Smith for trying to get people to lie for him about his illegal spending of $70,000 in campaign funds.
Smith, 54, of Macomb Township, was slated to be sentenced April 27, but it has been postponed by Judge Linda Parker to an under-determined date in U.S. District Court in Detroit.
The delay could be related to Smith’s state case in which he is charged with racketeering, embezzlement and other offenses for his alleged illicit spending of up to $600,000 in public funds. He is scheduled for a three-day preliminary examination starting April 21 , preceded by an April 9 probable-cause conference.
Veteran white-collar criminal attorney Brian Leggio, a former federal prosecutor, said Smith’s may be working on trying to arrange to serve his time in federal prison instead of state prison, if convicted of the state charges.
Legghio said conditions at federal facilities are much better than those at state facilities.
“If you’re going to do time on a rock, it’s better to do it on a federal rock than a state rock,” he said.
It also could indicate federal and state authorities are working together to resolve the state case through a plea deal.
Smith and federal prosecutors have agreed to a likely term between 15 and 21 months. The maximum term for the charge is 20 years.
In January, Smith pleaded guilty to obstruction of justice to trying to persuade two assistant Macomb prosecutors and a friend to lie about how he spent the money. Smith shifted the money for his personal use.
Eric Smith apologized and accepted responsibility at the plea hearing held remotely and shown on video.
He agreed to pay $69,950 in restitution by his sentencing date.
His plea hearing was delayed twice due to Smith contracting COVID-19.
Smith, who served as prosecutor for more than 15 years, was charged by U.S. Attorneys last September. He resigned in
March 2020, three days after he was charged with 10 felonies in by Michigan Attorney General Dana Nessel.
Smith’s attempts to get people to lie for him were part of two schemes to steal a total of $75,000 from the fund that was required by law to pay for his re-election campaign.
In the state case, also facing charges are Assistant Macomb Prosecutor Derek Miller and Macomb County businessman William Weber. Miller, who was serving as chief of operations, is on paid suspension.
Smith’s former chief assistant, Ben Liston, who retired in 2018, was charged with three felonies but last September pleaded to three misdemeanors, willful neglect of duty by a public official holding the public trust, on the agreement he would testify against Smith. Liston also will serve 60 days in jail and relinquish his law license.