2 codefendants sentenced in embezzlement probe of ex-Macomb Prosecutor Eric Smith

Two co-defendants charged in the state embezzlement probe that snared ex-Macomb County Prosecutor Eric Smith were sentenced Tuesday, more than two years after they entered pleas in their criminal cases.

Former Macomb County Assistant Prosecutor Benjamin Liston and businessman William Weber, who operated a security company, were sentenced via Zoom before visiting Judge Cynthia Arvant of 46th District Court in Southfield in 41B District Court in Clinton Township.

Both entered into plea agreements previously, pleading guilty to misdemeanor charges with felony offenses dismissed during the sentencings. Arvant told both defendants that this road has been long and a "sad chapter."

Macomb County judges recused themselves in cases related to the Smith probe, and judges from Oakland County were assigned the cases for all four defendants.

One sentencing left in Eric Smith-related cases

Former Assistant Prosecutor Derek Miller, 39, who served as Smith's former chief of operations and once served as county treasurer, is to scheduled to be sentenced Wednesday via Zoom by an Oakland County Circuit judge after he entered a plea in June 2022.

All three co-defendants agreed to testify against Smith, who pleaded guilty in the embezzlement probe in July and was sentenced last month. Smith was accused of taking money from his former office's drug and forfeiture funds during several years in office. He resigned days after he was charged in 2020, and he also served seven months in federal prison after pleading guilty to an unrelated federal case in which he stole money from his campaign.

Liston, 62, a former chief assistant prosecutor who is married to Warren's 37th District Judge Suzanne Faunce, pleaded guilty in September 2020 to three misdemeanor charges of willful neglect of duty by a public officer holding public trust. He was accused of spending forfeiture funds for personal laptops, travel expenses to his Arizona residence and a piece of sound equipment.

Former prosecutor gets 10-month reprieve to start sentence

As part of his plea agreement, Liston was sentenced to 60 days in county jail, relinquished his law license and is to pay $10,939 in restitution to the county prosecutor's office's drug and OWI forfeiture funds. Four felony charges against him were dropped as part of the agreement.

Liston's attorney, Michael Manley, asked Arvant for Liston's time in the Macomb County Jail to start Aug. 19, 2024, because of unidentified "personal issues." Arvant agreed, saying Liston has to report by 5 p.m. that day. This will give the county Sheriff's Office time to address any potential safety concerns, given his former position.

More: Macomb County's culture of corruption: 'It's how it's always been'

Liston, who was first hired as an assistant prosecutor in 1993 and worked as chief assistant prosecutor from January 2005 through February 2018, told Arvant he was speaking through Manley for sentencing.

"Mr. Liston was the first individual in this case to accept responsibility and come forward and to 'do the right thing.' And I think that matters. I think it matters in a case like this that Mr. Liston did not try to waste time of the system, waste the time of the Attorney General's Office, and he actually took responsibility and I think that's very important for the court to know in this case," Manley told Arvant, adding Liston "testified against somebody that he was very close to and worked with very closely."

Arvant also sentenced Liston to just over $3,000 in fines and court costs and six months on non-reporting probation. She noted Liston was a public servant at the time and his conduct represents "a serious breach" of his oath of office and conduct as an attorney licensed by the state.

Smith's home security system

Weber, 42, who pleaded guilty in June 2021 to a misdemeanor charge of conspiracy to commit a legal act in an illegal manner, admitted to falsifying an invoice at Smith's request for a security system installation at Smith's home to make it appear that it was installed at the prosecutor's office in Mount Clemens.

He has faced additional criminal charges since his plea, including a recent bind-over to Macomb County Circuit Court on unrelated charges of larceny and lying to police, as well as being sentenced to 24 months of probation for an OWI, second offense conviction, attorneys said during his sentencing.

Weber's attorney, Vincenzo Manzella, said that Weber, a high school graduate who still works for the security group, "certainly he should have known better." Weber said he is taking responsibility and apologized "for what I did."

"I thought it was great to have Eric Smith as my friend," Weber said, adding he was a "loyal team member until the Michigan State Police came. I've learned that there are no teams. This was not political. This was criminal. And there's only right and wrong. I was wrong."

Arvant told Weber that since the beginning of the case, he has portrayed himself as a victim who was taken advantage of by people. But, she said, he was being sentenced for "choices that you made, whether they were motivated by social issues, economic issues, whatever the motivation, they were choices that you made, your expensive choices that you made, at a cost to the citizens of Macomb County."

She sentenced him to 24 months of non-reporting probation, recognizing he will be reporting to two other courts on other criminal matters; 100 hours of community service; completing an economic crimes class and $23,960 in restitution, which was paid already to the court.

Miller, 39, pleaded guilty to the 90-day misdemeanor charge of a public official refusing/neglecting to account for county money. He is accused of saying to Smith and others in June 2018 that employer identification numbers on two of the accounts could be changed to numbers that were not associated with the county.

If his plea is accepted by the court and Miller fulfills the terms in the plea agreement, state prosecutors, at sentencing, will dismiss the two felony charges against Miller, according to the agreement. Miller "will not be sentenced to incarceration, and the People will not object to Defendant's request for relief under MCL 771.1(2)," which deals with probation and delayed sentencing and could see the eventual dismissal of the case.

Contact Christina Hall: chall@freepress.com. Follow her on X, formerly Twitter: @challreporter.

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This article originally appeared on Detroit Free Press: 2 codefendants sentenced in probe of ex-Macomb Prosecutor Eric Smith