Security company owner’s $24,000 in restitution to go to Macomb County’s coffers
Macomb County MI July 1 2021
The nearly $24,000 in restitution paid by the owner of a Mount Clemens security company for his role in the Eric Smith criminal cases will go to Macomb County and likely the Prosecutor’s Office.
William Weber of Weber Security Group in Mount Clemens earlier this month paid $23,960 in restitution on the day he pleaded guilty to a misdemeanor, conspiring to commit an illegal act in an illegal manner, in 41B District Court in Clinton Township to reimburse forfeiture funds he received.
The funds by law will be sent to county Treasurer Larry Rocca, and county Executive Mark Hackel’s administration and Board of Commissioners will decide where they will end up.
County Prosecutor Peter Lucido said he believes the money should go to his office, which initially had control of the funds and is strapped for money.
Lucido said in a news release his “request to have these restitution funds redeposited into the Forfeiture Accounts will ensure these accounts are made whole, while at the same time providing necessary resources for enhancements to law enforcement to keep our community safe.
He added in an interview, “When money is misappropriated, putting it back from where it came is the appropriate thing to do. It will help me with my budget.”
Finance Director Stephen Smiegil concurs.
“I would agree with Pete if should go back to the forfeiture fund,” he said. “That’s where the money was misspent.”
Lucido has said since he took over the job Jan. 1 his office is underfunded and in February asked Hackel and the county board to increase his budget by $1 million so he could hire assistant prosecutors and other staff. The funds have not been allocated.
While $24,000 is a relatively small amount, Lucido said it could pay for shortfalls in funding for extraditions or travel expenses for assistant prosecutors and/or witnesses.
The office could be receiving additional restitution funds in the future.
Weber was originally charged with forgery, a 14-year felony, as well as larceny by conversion in an amount of $20,000 or more, aiding and abetting Smith’s alleged embezzlement by a public official, and receiving and concealing stolen property, all 10-year offenses.
He pleaded guilty as part of a plea deal with the state Attorney General’s to testify against Smith at his preliminary examination scheduled to start July 9 in 41B.
Smith, 54, the former county prosecutor, is charged with 10 felony counts, including racketeering, for allegedly illicitly spending up to $600,000 from a forfeiture fund that mostly contained money collected from drunken drivers paying $900 or $1,800 to retrieve their vehicles. The money is supposed to be spent on law-enforcement purposes but staffers in the Michigan Attorney General’s office allege Smith used it to pay for Weber to install a security system at his Macomb Township home, holiday office parties, gifts for certain employees, charitable organizations and unknown credit-card expenditures, among others.
He is also charged with four counts of embezzlement by a public official, forgery, larceny by conversion, tampering with evidence and receiving and concealing stolen property. The racketeering offense carries the most severe maximum penalty, 20 years.
Smith, who served for 15 years, already pleaded guilty to federal obstruction for trying to cover up stealing about $75,000 from his campaign fund. A sentencing date in that case has not scheduled.
Smith has been free from custody.
His former chief of operations, Derek Miller, faces the same July 9 preliminary examination. He is charged with lesser offenses, conspiracy to commit a legal act in an illegal manner and official misconduct in office, five-year felonies.
Miller, 37, of Warren, remains on paid suspension pending the outcome of the criminal case.
Smith’s former chief of staff, Ben Liston, 59, also was charged with multiple felonies but last September pleaded guilty to three counts of a misdemeanor, willful neglect of duty by a public official holding the public trust, for receiving reimbursement for personal travel expenses, purchase of laptop computers and purchase of sound equipment. He has agreed to pay nearly $16,000 in restitution upon his sentencing. He also agreed to be disbarred.
McComb Daily