Dirty Pool

A Michigan Tri-County Hearing County has approved a stipulated 179-day suspension

Based on the parties’ stipulation, the panel found the following: At all times relevant, respondent was employed by the then Macomb County Prosecutor, Eric J. Smith, as an Assistant Macomb County Prosecuting Attorney. Respondent received several promotions between 2011 and 2015. Beginning in June 2019 he served as chief of the district court unit, supervising 12 assistant prosecutors. Respondent operated a campaign fund known as Campaign to Elect Eric J. Smith from 2012 to 2019. In late August or early September 2016, Smith approached respondent under the pretense of hiring him as consultant for Smith’s potential run for county executive in 2020. In a subsequent conversion, Smith told respondent that he would give respondent a check for $20,000, that he wanted respondent to return $15,000 of the money to him, and that he would allow respondent to keep $5,000 as a purported consulting fee. In that conversation or another one, Smith told respondent that he needed money for a pool that was costing him $40,000. Respondent suspected that Smith was converting money from his campaign funds for his personal use, which was illegal. Smith gave respondent a check dated September 6, 2016, for $20,000 from his campaign fund account made payable to respondent. Respondent endorsed the check and deposited it into his personal checking account on around September 8, 2016. On September 9, 2016, respondent withdrew $15,000 in cash from his account with the intention of giving it to Smith, as Smith had requested, and on September 9, 2016, respondent handed Smith an envelope containing $15,000 in cash. Respondent retained the $5,000 balance of the $20,000 check as purported future consulting work. After September 2016, Smith asked respondent to lie to the authorities about what had occurred regarding the transaction, but respondent refused to do so. Respondent was not charged with a crime arising out of the
transaction.

The Macomb Daily reported on his suspension from his prosecutor employment. (Mike Frisch)