Ex-Macomb Assistant Prosecutor Derek Miller gets 1 year of probation in misconduct scandal

The last of three codefendants charged amid the embezzlement probe of former Macomb County Prosecutor Eric Smith was sentenced Wednesday, closing the book on a misconduct case that marred the image of the Prosecutor's Office.

Derek Miller, who turned 40 on Wednesday, a former assistant prosecutor who served as Smith's former chief of operations and once was county treasurer and a state representative, was sentenced to one year of probation, with the case to be dismissed and not on his record if he successfully complies with the terms.

The delayed sentence is on a 90-day misdemeanor charge of a public official refusing/neglecting to account for county money, to which Miller pleaded guilty in June 2022.

He is accused of telling Smith and others in June 2018 that employer identification numbers on two of the forfeiture accounts in question in the Prosecutor's Office could be changed to numbers that were not associated with the county.

Miller was sentenced via Zoom by Oakland County Circuit Judge Nanci Grant, who also handled the case against Smith after all the Macomb judges recused themselves in the matter. Two felonies against Miller were dismissed.

Remorse? 'I wish I would have done more at the time'

Miller told Grant this has a been a "long, grueling road for my family and I, and we're very happy to see this, kind of, come to an end."

Grant asked Miller if he had remorse.

"I have remorse that I didn't take more appropriate steps to stop the issue at the outset," he said. "My suggestions were not heard, and I could have done more. I wish I would have done more at the time."

Miller's attorney, Steve Fishman, said there has been criticism of the way he and the Michigan Attorney General's Office concluded the case, but Miller pleaded to "exactly what he did, and that's all he did. ... This result is absolutely what needs to happen in this case." Fishman said the consequences for Miller "have been very significant."

"Obviously, when you're a prosecutor, you get charged for something, people start to look at you a little funny. He had to leave the job he loved," Fishman said, adding Miller also left the practice of law and that his family was well-known in the community and when they go somewhere "you can get that feeling that people are looking at ya, and it's not that pleasant. I think it's important for us to recognize that he has suffered consequences as a result of this case and as a result of his plea."

Miller is to return to court Sept. 25, 2024. In addition to probation, he received one day of jail credit, must pay a $1,000 fine and $125 in fees and perform 100 hours of community service. He is to have no contact with Smith or the other two codefendants.

Assistant Attorney General Michael Frezza said Miller was different from the others charged in the probe in that "he did not personally receive any money. As the court will note, there's no restitution because there was no conversion of funds from the Macomb County Prosecutor's Office, in particular forfeiture accounts that were the subject of the state prosecution. So there's no evidence that he embezzled any money."

But, Frezza said, Miller is similar to the codefendants as he "did conspire with Eric Smith to hide the forfeiture accounts from the elected treasurer and other county officials. And that is, your honor, a breach of public trust. ... I will underscore that it was a more circumscribed event, but an important event."

Grant noted the number of letters she's received "that are completely misinformed and just outright wrong to the circumstances of this sentencing as well as Mr. Smith's sentencing." She said those who sent letters "should have known better as to what had happened, if they just did a little bit more research into the matter. It's all out there. It's not hard to find."

Two other codefendants, former Assistant Prosecutor Benjamin Liston and businessman William Weber, who operated a security company, were sentenced Tuesday in 41B District Court in Clinton Township for their roles in the probe.

This ends the long chapter of Eric Smith's corruption case

Like Miller, they previously entered pleas to lesser, misdemeanor charges, and agreed to testify against Smith. The Oakland County district court judge sentencing Liston and Weber told both of them the road was a long and "sad chapter."

Smith, a Democrat, pleaded guilty in the embezzlement probe in July and was sentenced last month. He was accused of taking money from his former office's drug and forfeiture funds during many 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, a former chief assistant prosecutor whose wife is a district court judge in Warren, 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.

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

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 Prosecutor's Office's drug and OWI forfeiture funds.

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

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: Ex-Macomb assistant prosecutor sentenced in Eric Smith scandal