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Judge binds over former Macomb County Prosecutor Eric Smith on all 10 counts

Posted at 2:01 PM, Feb 04, 2022
and last updated 2022-02-04 17:16:22-05

(WXYZ) — District Judge Cynthia Arvant has ruled former Macomb County Prosecutor Eric Smith will stand trial on 10 felony charges including running a criminal enterprise, embezzlement, and conspiracy.

Smith faces up to 20 years in prison if convicted on the criminal enterprise charge.

Judge Arvant is presiding over this part of the case from Southfield as Macomb County Judges recused themselves with Smith being the former County Prosecutor.

The judge heard from 13 witnesses during several days of testimony in the preliminary examination over 7 months.

The evidence is Smith misused $600,000 in drug and drunk driving forfeiture funds and kept them in 4 off-book bank accounts over several years.

Smith was not in the courtroom. Judge Arvant allowed him to participate on Zoom as Smith was under the weather.

Smith is scheduled to be sentenced in a related federal case of obstruction of justice on February 16 and is also facing 2 years in prison.

Former Assistant Prosecutor Derek Miller is also charged with conspiracy and misconduct in office in the case. Judge Arvant also bound Miller over to trial as charged. Miller faces up to 5 years in prison.

Circuit Court arraignments for both have been set for February 28 at 1:30.