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Eric Smith
Former Macomb Prosecutor Eric Smith, 54, who had been elected to enforce the law, is now a convicted felon.
Smith, a Macomb Township resident, pleaded guilty Wednesday in U.S. District Court in Detroit to one count of obstructing justice in an FBI investigation into the suspected misuse of $70,000 in campaign funds for his personal use.
Under his plea agreement, he will be disbarred and forfeit the $69,950 he gained from the fraudulent scheme.
"Any attempt to hinder a criminal investigation is a very serious matter," said Timothy Waters, head of the Detroit FBI. "This case, a man who had taken an oath to uphold the law, was actively encouraging others to break it. That Mr. Smith was unsuccessful in his attempt to undermine the investigation is a testament to the determination of the FBI to hold individuals accountable when they break the law."
Under plea agreement, Smith admitted to obstructing justice by attempting to get a friend and two of his assistant county prosecutors to make false statements to federal investigators and a grand jury looking into the misuse of campaign funds.
Authorities alleged that between 2012 and 2020, Smith conducted two fraud schemes to steal approximately $75,000 in cash from his political campaign fund . When he became aware of a federal grand jury investigation in 2019, he pressured three witnesses to lie and commit perjury on his behalf to federal investigators and a federal grand jury.
Authorities say Smith falsely claimed he was using campaign funds to rent office space for his re-election, when in fact he never used the office space, and instead wrote dozens of fraudulent checks to a friend in excess of $50,000. The friend then kicked back cash from the checks to Smith to use for Smith's personal expenses.
Additionally, Smith wrote a check for $20,000 from the campaign fund to an assistant Macomb County prosecutor for “consulting” work on the campaign. However, the assistant prosecutor then cashed the check and secretly provided $15,000 in cash to Smith.
“Some may view Smith’s conviction as a reason to lack confidence in our elected officials or our prosecutors. But the opposite is true,” U.S. Attorney Matthew Schneider said in a statement. “This case shows that our system works. When there is a rare case where a law enforcement officer commits crimes, he or she will be held accountable. "
The obstruction of justice charge carries up to 20 years in prison, but sentencing guidelines suggest a sentence of 15 to 21 month. A judge is not bound by those guidelines.
