Ex-Macomb County Prosecutor Sentenced On Corruption Charges

MACOMB COUNTY, MI — A former Macomb County Prosecutor was sentenced Wednesday to four years probation after pleading guilty to multiple felonies in connection to embezzlement, according to Michigan Attorney General Dana Nessel.

Eric Smith, 56, faced up to 12 months in prison after pleading guilty to official misconduct, tampering with evidence and conspiracy to commit forgery while seven other counts against him were dropped.

But this sentence was ordered to be served concurrently with a 21-month federal sentence Smith already has served after pleading guilty to attempting to obstruct justice in February 2022.

As a result, Smith gets no additional jail time, but was required to pay $25,000 in restitution to Macomb County, an $8,000 fine for committing misconduct in office and complete 750 hours of community service.

Nessel asked that smith forfeit his public pension, but he was allowed to retain a portion of it because the Public Employee Retirement Benefits Forfeiture Act only allows the forfeiture of pension benefits after the first act that resulted in a felony conviction.

Since the earliest act that Smith admitted guilt to occurred March 24th, 2014, the forfeiture act is triggered from that date and Michigan criminal law does not allow for more extensive forfeiture.

"That Eric Smith is allowed to retain any portion of his pension after so egregiously violating the public trust for many years is striking evidence that the law on this matter is badly inadequate to address the scope of Smith’s crimes," Nessel said. "I would encourage our legislative partners to revisit the statute that has limited our prosecutorial ability to remove the full pension benefits of such a prolific thief of public dollars and public trust."

Officials said Smith stole more than $600,000 from drug and drunken driving forfeiture funds and used the money to throw parties, buy gifts and install a personal home security system.

Smith resigned in March 2020 after he was charged in connection to misspending of hundreds of thousands of dollars in funds following a year-long investigation into corruption in Macomb County.

Smith, a Democrat, began working in the Macomb County Prosecutor's Office in 1993, was first elected prosecutor in 2004.