Ex-Macomb County Prosecutor Eric Smith set to turn himself in to federal prison

Ex-Macomb County Prosecutor Eric Smith is set to turn himself in to federal prison officials Thursday in a kickback scheme, but he won't have a plea agreement in place in a separate state embezzlement case.

Smith, 55, is facing 10 charges, with state prosecutors alleging he embezzled hundreds of thousands of dollars from his former office's drug and forfeiture funds for personal and unauthorized business expenses during the course of several years.

The expenses included purchases for a security system at his Macomb Township home; church donations; mini iPads for a school one of his children attended; holiday parties for staff; and items for employees who retired or who lost a relative, such as flowers, a bench, a plaque, gift cards and more.

During a pretrial hearing on Wednesday, Oakland County Circuit Judge Nanci Grant said she will send out final pretrial and trial dates as well as deadlines for plea offers and plea acceptances.

Grant, who is handling the case after all the Macomb judges recused themselves, said a trial would be conducted in Macomb County with Macomb County citizens, as those are Smith's peers.

Smith served as a longtime prosecutor in Michigan's third-most populous county. He resigned on March 30, 2020, less than a week after he was charged in the embezzlement probe.

Smith was disbarred effective June 15, according to a notice on the Michigan Attorney Discipline Board that referenced his federal court conviction. Costs of just over $1,051 also were assessed, according to the notice.

In April, one of Smith's attorneys, John Dakmak, told Grant there had been some conversations about a potential resolution in the case.

Assistant Attorney General Michael Frezza said Wednesday that authorities were hopeful there would be a plea agreement between the prosecution and Smith, but there is not, according to the hearing, which was posted on the WXYZ Local 7 website.

Dakmak said he did not believe negotiations had come to a standstill, and it's something that possibly could be worked out, but he had nothing to present the court.

Frezza asked for Smith's attorney to report to prosecutors and the court at what federal prison Smith is being housed in and to give 30 days' notice before his tentative release date so the circuit court could adjudicate the embezzlement case.

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Smith is to surrender to the Federal Bureau of Prisons in the unrelated federal case on Thursday. He pleaded guilty in federal court in January 2021 after being accused of stealing just under $75,000 from his campaign fund from 2012 to 2019.

He was sentenced on Feb. 16 to 21 months in federal prison and initially was to report within 90 days of his sentencing, or in mid-May. The federal judge in Detroit signed an order for a new date for Smith to surrender to federal prison — on or after June 15, but no later than June 30.

Dakmak said he had no issue with keeping Grant and the prosecution apprised of Smith's whereabouts, adding "we have been keeping that quiet for some time, I think for obvious reasons. His location is probably not of substance to the public at large and there is a concern that his known wherabouts to the public at large could be a safety issue to himself."

Dakmak asked that it be subject to a protective order, that the government not release it to the public at large because there is "sincerely a concern for his safety." The federal prison Smith will be lodged in was not disclosed during the hearing.

Grant asked if Dakmak was saying "that the whereabouts about a federal prisoner, just like a state prisoner, is not part of public knowledge? That's the first I've heard of that."

She said if Dakmak didn't want to disclose the federal prison location right now that didn't matter to her, but at some point she said it is going to be disclosed because she has to sign a writ in order to bring Smith back to try him.

Grant also said she could have tried the case in the last three months, during which both sides indicated they were working on a resolution.

Frezza said if Smith is convicted as charged, including racketerring, the prosecution's sentencing guidelines would be 57 to 95 months, adding it is a 20-year felony.

Grant said she would hold a restitution hearing if there was a dispute on the amount of restituion if there is a guilty plea.

More: Former Macomb treasurer Derek Miller pleads guilty in embezzlement case

More: Former Macomb chief assistant prosecutor pleads guilty to misdemeanors\

More: Businessman: Ex-Macomb prosecutor tried to 'disguise' security work done at his home

Earlier this month, former county treasurer Derek Miller, who also served as chief of operations for Smith, pleaded guilty to a misdemeanor charge in embezzlement case.

He was the third person to plead in the probe after businessman William Weber and Smith's former chief assistant prosecutor, Benjamin Liston. Weber and Liston pleaded guilty in district court a year or more ago and are awaiting sentencing.

Miller, who resigned from the county in February, pleaded guilty to the 90-day misdemeanor charge of a public official refusing/neglecting to account for county money. His sentencing is set for Aug. 10.

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

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This article originally appeared on Detroit Free Press: Ex-Macomb prosecutor Eric Smith to report to federal prison, no plea