Eric Smith associate gets delayed sentence; judge, attorneys respond to critics – Macomb Daily
Eric Smith’s former chief of operations received the expected delayed sentence for a misdemeanor Wednesday for his limited role in Smith’s criminal behavior when he was the Macomb County prosecutor.
Derek Miller, 40, appeared by Zoom in front of Visiting Macomb Circuit Judge Nanci Grant for his sentencing after pleading guilty in June 2022 to a reduced charge of “public official refusing or neglecting to account for county money,” punishable by up to 90 days in jail. As part of a plea deal with the state attorney General’s Office, two felonies against him were dismissed and the misdemeanor will be dismissed Sept. 25, 2024, as long as Miller complies with probation under a law that is often used for first-time minor drug offenders.
Miller’s attorney, Steve Fischman, was joined by Judge Grant and Assistant attorney General Mike Frezza in trying to dispel allegations among the public and in letters received by Grant that Miller received special treatment and committed more wrongdoing than he actually did.
“There seems to be some people out there in the world that are criticizing the way in which the attorney General’s Office and I concluded this case,” Fishman said. “What Mr. Miller pled to is exactly what he did and all that he did. For anybody to criticize the attorney General’s Office for offering him a plea to the misdemeanor that he committed is something that is just so bizarre it doesn’t deserve further comment.”
attorney, Steve Fishman, speaks on Miller’s behalf Wednesday at Miller’s sentencing in Macomb County Circuit Court for his role in the Eric Smith scandal.MACOMB DAILY PHOTO FROM COURT VIDEO” width=”212″ height=”301″ data-sizes=”auto” src=”https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-01-e1698251052506.jpg?fit=620%2C9999px&ssl=1″ srcset=”https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-01-e1698251052506.jpg?fit=620%2C9999px&ssl=1 620w,https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-01-e1698251052506.jpg?fit=780%2C9999px&ssl=1 780w,https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-01-e1698251052506.jpg?fit=810%2C9999px&ssl=1 810w,https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-01-e1698251052506.jpg?fit=1280%2C9999px&ssl=1 1280w,https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-01-e1698251052506.jpg?fit=1860%2C9999px&ssl=1 1860w”/>Derek Miller’s attorney, Steve Fishman, speaks on Miller’s behalf Wednesday at Miller’s sentencing in Macomb County Circuit Court for his role in the Eric Smith scandal.MACOMB DAILY PHOTO FROM COURT VIDEO
Frezza also commented, saying a plea for a lower-level co-defendant in this type of case is common and done strategically in leveraging witnesses’ testimony against the primary defendant, in this case Smith.
“In prosecutions of conspiracy or racketeering that involve communications between more important defendants with less-important defendants,” this type of resolution is “typical” in cases in Michigan and throughout the country, he said.
“Juries like to see and hear the words and actions of more culpable defendants, to convict those more culpable defendants, that often involves plea agreements with less-culpable defendants to get testimony from those that are in the circle of the conspiracy,” Frezza added. “That is what happened here. It’s not anything that is different than the hundreds if not thousands or tens of thousands of cases that have proceded this case.”
Frezza also noted that unlike Smith and two other co-defendants in the case – Ben Liston and William Weber – Miller did not benefit financially. “There’s no evidence he embezzled any money,” he said.
Some critics apparently have demanded Miller’s pension to be revoked, as was a portion of Smith’s pension was revoked. But Frezza said the crime to which Miller pleaded guilty pension revocation “is not triggered.”
Grant, for her part, said, “There seems to be some misunderstanding or just simply misinformation about the difference between Mr. Smith and Mr. Miller.”
She referenced letters that she said she received criticizing the deal. One of those letters was written by state Sen. Jim Runestad, who previously called state attorney General Dana Nessel’s resolution of Smith case a “sweetheart deal.” Runestead in his letter urged Grant to sentence Miller to the fullest extent of the law.
“Derek Miller is the mastermind co-conspirator of Eric Smith, and instead of being held accountable, it appears he will just receive a slap on the wrist,” says Runestad, of White Lake. He also inaccurately says, “Miller pocketed hundreds of thousands of dollars in paid vacation and benefits, all while avoiding any jail time.”
Grant refuted those claims.
“The number of letters I’ve received that are completely misinformed and just outright wrong as to the circumstances of this sentencing as well as Mr. Smith’s sentence needed to be (addressed),” she said. “Those who sent those letters should have known better as to what had happened if they had just done a little more research into the matter. It’s all out there. It’s not hard to find.”
Smith’s annual pension was reduced from about $83,000 per year to about $57,000 per year for his criminal behavior that occurred for a portion of his 27 years of county employment.
Visiting Macomb County Circuit Judge Nanci Grant presides over the Derek Miller sentencing for his role in the Eric Smith scandal, in a hearing held over Zoom.MACOMB DAILY PHOTO FROM COURT VIDEO
Frezza summarized Miller’s actions in helping Smith prevent the county treasurer and finance officials from gaining access to four accounts maintained by Smith and properly place them on the county books.
The secreting of the accounts in separate bank accounts allowed Smith to freely spend over $1.5 million over several years, although investigators determined that a relatively small amount was spent illegally. Smith spent $7,000 on a security system and related equipment for his home, paid for gifts and office parties for employees, and donated tens of thousands of dollars in donations to churches and other nonprofits, among other things.
Miller at Wednesday’s hearing initially told the judge: “(It’s been) a long, grueling road for my family and I, and we’re glad to see this come to an end.”
Grant responded: “You have no remorse about what’s going here?”
“I have remorse that at the time there were certain actions taken and the situation that this is involved was extremely brief,” Miller said. “I have remorse I didn’t take more appropriate steps to stop the issue at the outset. My suggestions were not heard, and I could’ve done more and wish I would’ve done more at the time.”
Miller’s law license has not been impacted, as of Wednesday, but Fishman said Miller has left the practice of law.
He said Miller has suffered “advserse” and “significant consequences” from the charges.
“People look at you funny and he lost a job he loved,” Fishman said.
Miller, a Democrat, is the son of the late longtime state Sen. Art Miller Jr. and grandson of Edna Miller, the late long-time county clerk, and Art Miller Sr., who was the Warren mayor and county clerk before he died in 1964 at 42. Derek Miller served as an assistant prosecutor from 2010 to 2014, was elected as a state representatives and was appointed county treasurer in early 2016 but lost the election later that year to politically unknown Republican Karen Spranger. He was then rehired by Smith as an assistant prosecutor and promoted to chief of operations only months before the scandal began over the “off-the-books” funds.
Smith, Miller, Liston and Weber were charged in 2020. Smith resigned as prosecutor after 15 years in office in March 2020 days after he was charged with 10 felonies, including racketeering, five counts of embezzlement by a public official and forgery conspiracy by attorney General Dana Nessel.
Smith reached a deal in which he pleaded guilty last Aug. 1 to three charges – forgery conspiracy, misconduct in office and tampering with evidence – in exchange for dismissal of seven other counts, including the racketeering and theft counts.
attorney General Mike Frezza appeas over Zoom at the Derek Miller sentencing Wednesday in Macomb County Circuit Court.MACOMB DAILY PHOTO FROM VIDEO” width=”237″ height=”356″ data-sizes=”auto” src=”https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-02-e1698251308106.jpg?fit=620%2C9999px&ssl=1″ srcset=”https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-02-e1698251308106.jpg?fit=620%2C9999px&ssl=1 620w,https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-02-e1698251308106.jpg?fit=780%2C9999px&ssl=1 780w,https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-02-e1698251308106.jpg?fit=810%2C9999px&ssl=1 810w,https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-02-e1698251308106.jpg?fit=1280%2C9999px&ssl=1 1280w,https://i0.wp.com/www.macombdaily.com/wp-content/uploads/2023/10/tmd-l-DerekMillersentencing-02-e1698251308106.jpg?fit=1860%2C9999px&ssl=1 1860w”/>Assistant attorney General Mike Frezza appeas over Zoom at the Derek Miller sentencing Wednesday in Macomb County Circuit Court.MACOMB DAILY PHOTO FROM VIDEO
Following the plea, Republican Macomb County Commisisoners Barbara Zinner and Don VanSyckel joined Runestad in criticizing the deal.
Smith was sentenced by Grant on Sept. 13 to four years probation, $25,000 in restitution, a $8,000 fine and 750 hours of community service. His pension was also reduced.
Liston and Weber were sentenced Monday.
Liston was sentenced to 60 days in jail, $11,000 in restitution and over $3,000 in fines and costs after pleading guilty in September 2020 to three counts of willful neglect of duty by a public officer holding public trust, a misdemeanor. He agreed to testify against Smith, pay restitution, give up his law license and serve the jail term, which he won’t begin until next August.
Four felony counts were dismissed as part of his deal: two counts of embezzlement by a public official, both 10-year offenses, and one count each of conducting a criminal enterprise, a 20-year offense, and misconduct in office, which carries a five-year sentence.
Weber, who operates Weber Security Group in Mount Clemens, was sentenced to two years probation and a $1,000 after previously paying $24,000 in restitution for being paid for work at county office that he did not perform.
He pleaded guilty in 2021 to a misdemeanor, conspiracy to commit an illegal act in an illegal manner, in exchange for dismissal of the felonies forgery conspiracy as well as larceny by conversion over $20,000.
Weber and Smith conspired to create a fake invoice for the security-system installation at Smith’s Macomb Township home.
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