MACOMB COUNTY, Mich. – Former Macomb County Prosecutor Eric Smith was given a maximum prison sentence of 21 months and was fined $20,000 following his involvement in a criminal enterprise scheme.
Smith, who resigned from his position in 2020 following an investigation into the scheme, will also have to pay $69,900 in restitution and will be on 18 months of supervised release.
The 55-year-old ex-prosecutor pleaded guilty to obstruction of justice charges after he asked coworkers to lie to the FBI during the investigation. He admitted to stealing $75,000 from a campaign fund from 2012-2019.
Smith’s sentencing was delayed due to a separate investigation related to a scheme where he tapped accounts that held money from drunken driving cases, bad check cases and assets forfeited in drug crimes, according to the state attorney general’s office. The alleged scheme dated back to 2012 totaled $600,000.
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Macomb County Prosecutor Eric Smith has been charged with embezzling $600,000 in county forfeiture funds.
Attorney General Dana Nessel charged Smith and three others in his office. Nessel called it “an elaborate scheme of profiteering motivated by what appears to be unfettered self-interest.”
Smith was charged Tuesday with 10 counts, including forgery, embezzlement, tampering with evidence and criminal enterprise, according to court records. He faces up to 20 years in prison if convicted of conducting a criminal enterprise, which would be one of the longest sentences ever given to a Detroit-area public official.
Also charged were Benjamin Liston, Smith’s former chief assistant, who faces four counts, including conducting a criminal enterprise and embezzlement; and Smith’s chief of operations, Derek Miller, charged with conspiracy. Miller is a former member of the Michigan House of Representatives.
…Nessel’s investigation allegedly found Smith and the others charged used the forfeiture money for security for Smith’s home; garden benches, flowers and make-up for staffers; retirement relocation expenses for Liston, checks to various Catholic churches in the “tens of thousands of dollars,” iPads for kids who attended school with Smith’s children, campaign expenditures; and “country club catering for parties.”
MACOMB TOWNSHIP, Mich. (WXYZ) — Michigan State Police executed a raid at the home of Macomb County Prosecutor Eric Smith in Macomb Township, sources confirm to 7 Action News.
7 Investigator Jim Kiertnzer was on the scene and said agents removed surveillance cameras from Smith’s home.
The raid is in connection to state police’s investigation into the office’s use of forfeiture funds. State police confirmed to 7 Action News last month that they were launching the investigation.
“This morning, as you know, members of the Michigan State Police appeared at my home as part of their investigation into the Macomb County Prosecutor’s Forfeiture Fund,” Smith said in a statement. “My family and I complied with their requests and cooperated fully, as I have promised to do from the beginning of this process. I will continue to cooperate fully and supply the State Police with any information they need to conclude their investigation.”
“The investigation is unfolding and ongoing, and it led them here. They drafted a search warrant, a judge signed it to further the investigation into his usage of the Macomb County forfeiture fund,” is all Michigan State police would tell us.
MSP and the FBI are investigating four off-book bank accounts held by the prosecutor with almost $2 million, asking where did all the money go?
Marijuana advocates say legal businesses and caregivers are being targeted for military-style drug raids in spite of attempts to obey the law in good faith.
For owners of mainstream businesses, a minor lapse in regulatory compliance could mean receiving a warning and reinspection later. But for medical marijuana businesses, minor lapses in compliance can put them outside the protection of the law.
Even the suspicion of a regulatory violation, or, in some cases, false accusations, can result in seizure of assets and prolonged court battles.
Darryl Berry studied Michigan’s Medical Marihuana Act in detail before he started growing marijuana for his mother-in-law, who was dying of cancer at the time. He researched the medical benefits of marijuana as well as the regulations, and became a registered caregiver, meaning he was legally allowed to grow up to 12 plants for each patient in his care.
He began growing for her and several other patients — all legally. Berry had relationships with local law enforcement, and even invited them to inspect his operation. He thought he was following the law to the letter. That didn’t protect him from being raided in September of 2015.
Have you been charged with a drug crime or violation of the Michigan Medical Marijuana Act? Remain Silent and Contact Komorn Law Immediately to protect your rights and freedom 800-656-3557.
Berry says police ransacked his home and seized all of his assets. That included two houses, five vehicles, televisions, computers, cash, and many personal belongings. Liens were placed on both houses, preventing him from selling or taking out loans on them. Altogether, the value of the assets seized was over a million dollars.
“I was robbed. It was armed robbery that they did. And it really makes me mad because I am a staunch conservative. I always trusted the police and thought if the police arrest someone, most likely they are guilty. That’s what I thought,” said Berry.
Michigan’s civil asset forfeiture law allows police to seize property based on suspicion that it is used for illegal drug activity.
Berry’s attorney Michael Komorn said police are profiting by targeting legal marijuana businesses.
“It’s a financial incentive. The officers themselves are getting to decide whether an individual is in compliance or not. That decision is also about whether they are going to take every piece of value that exists in the house or not. This is way too much unchecked authority, with too much incentive,” Komorn said.
Amanda Joslin owned a marijuana business in Canton. She opened her business in compliance with state and local regulations.
“It was like if your grandma was going to go obtain some medicine, where would you feel comfortable letting her go? Make it safe, make it clean, make it affordable, and accessible. That’s where we found we could fill that niche,” said Joslin.
Police raided her business in 2015, arrested her and her adult son, and seized their assets including a house, cars, computers, and savings account. Her business had been open for nine months before the raid. Search warrants were executed at the Canton business and at her home in Ypsilanti. Those search warrants were later found by the Washtenaw County Circuit court to be invalid and unconstitutional, according to Komorn, who also represents Joslin.
Joslin said the police knew about her business from the beginning, but allowed it to operate for months.
“It’s like a savings account. They watch, for nine months, until they decide to collect. And that’s when they decided to raid,” said Joslin. The case against Joslin relied on testimony from a police informant who was later determined to have committed perjury, according to Komorn.
Many counts against Joslin were thrown out. She was found guilty on one count of possession with intent to deliver, and is now appealing that conviction.
Voting for Marijuana legalization is coming to the Michigan electoral ballot this Tuesday, November 6, 2018. Here is information regarding the Taxation and Distribution of collected taxes in the Proposed Michigan Regulation and Taxation of Marihuana Act
About Komorn LawKomorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
Laws change – so please consult an attorney before taking any legal action or doing anything you may have the slightest feeling is illegal when it comes to marijuana / cannabis personal or commercial use.
Michigan 2017 House Bill 4158 – Require conviction for property forfeiture
To establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless the individual is actually convicted. The bill would also prohibit officials from requiring a person to negotiate for return of their property.
However, the conviction requirement would only apply to forfeitures of less than $50,000 (meaning police and prosecutors could still take and keep those assets using a lower burden of proof).
Introduced by Rep. Peter Lucido (R) on February 2, 2017
Passed 83 to 26 in the House on May 8, 2018.
See Who Voted – Yes / No – below to establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless an individual is actually convicted.
Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.
If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.
Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.
Contact us for a free no-obligation case evaluation 800-656-3557.
