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Michigan County Prosecutor Eric Smith Charged for Embezzling Asset Forfeiture Funds

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alabama-1611179_1920-300x287The Michigan Attorney General’s Office announced charges last week against Macomb County Prosecutor Eric Smith and three other county officials accused of felony crimes that include misconduct in office, embezzlement, and misusing funds obtained through civil asset forfeiture.

Smith is charged with embezzlement by a public official, tampering with evidence in a civil proceeding, official misconduct in office, accessory after the fact to embezzlement by a public official, conspiracy to commit forgery, and conducting a criminal enterprise. Attorney information wasn’t available.

According to the attorney general’s office, the charges against Smith are the result of a year-long public integrity investigation that began after a public records lawsuit revealed over $100,000 from Macomb County’s civil asset forfeiture fund was used for questionable expenditures. The investigation revealed that Smith and three other officials embezzled almost $600,000 since 2012.

The attorney general’s office claims the investigation “found that Smith and other defendants used the money to buy flowers and make-up for select secretaries, a security system for Smith’s residence, garden benches for staffers’ homes, country club catering for parties, campaign expenditures and more.”

The other defendants named in this case are:

  • Benjamin Liston, retired Macomb County assistant prosecutor and former chief of operations. He is charged with official misconduct in office, conducting a criminal enterprise, and embezzlement by a public official.
  • Derek Miller, Macomb County’s current assistant prosecutor and chief of operations. Miller faces charges of official misconduct in office and conspiracy to commit a legal act in an illegal manner.
  • William Weber, owner of Weber Security Group. He faces charges of forgery and larceny by conversion, aiding and abetting embezzlement by a public official, and receiving and concealing stolen property.

“In order for citizens to maintain trust in the institutions of government, public officials must, at all times, conduct themselves in accordance with the laws of our state,” Michigan Attorney General Dana Nessel said. “When public officials fail to do so, the people must have confidence that they will be held to account, fairly, and without any special treatment based upon their status as a public official. The Department of Attorney General, will continue to work to protect this fundamental principle, that no one is above the law.”

Civil asset forfeiture is a legal process that allows law enforcement to seize property—cash, vehicles, and even houses—suspected of being connected to criminal activity such as drug trafficking. Law enforcement agencies use the seized proceeds to further battle illegal activity.

Civil forfeiture is a powerful tool that enables law enforcement to disrupt organized crime, but civil liberty groups say there aren’t enough procedural protections for innocent owners who have their property seized and must prove in court that it wasn’t involved in any criminal activity. The proceeds agencies gain from asset forfeiture also incentivizes corruption and misbehavior.

Anyone who has had their private property seized through asset forfeiture should immediately consult an attorney who can investigate your case and quickly build a winning defense.

South Florida Civil Asset Forfeiture Attorney

Has your property been seized using asset forfeiture? Contact Brian Silber, P.A. to set up a free initial consultation and work with one of South Florida’s most experienced civil asset forfeiture attorneys.

Source: 3.25.20 Michigan County prosecutor charged with embezzling asset forfeiture funds.pdf

Former Florida Rep. Dwayne Taylor of Daytona Beach Ordered to Forfeit Nearly $63,000 in Fraud Case

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Dwayne-Taylor-240x300Dwayne Taylor, a former member of Florida’s legislature and Daytona Beach city commissioner accused of using campaign funds for his personal benefit, has been ordered to forfeit almost $63,000 as part of his sentence.

Taylor, 49, was charged with 9 counts of wire fraud on March 9. He pleaded not guilty to all charges the day after the indictment was filed.

According to the 9-page indictment, Taylor allegedly withdrew money from his campaign fund and deposited the cash into his personal bank account. He withdrew money ranging from $100 to $400 on eight different occasions from ATMs and cashed one check, the indictment says.

Taylor reportedly used the funds for various personal expenses, including his wedding in New York City and meals at McDonald’s. The total amount he withdrew came to $2,440, but prosecutors want to forfeit $62,834 as part of his sentence.

The indictment also alleges that Taylor misused petty cash funds and lied about campaign expenditures during his 2012 and 2014 campaigns. He allegedly reported “inflated and non-existent campaign expenses” to hide that he “unlawfully embezzled funds” from his campaign accounts. Taylor was his own treasurer in both campaigns, according to the indictment.

Florida law forbids candidates from using campaign money to pay for personal expenses with the exception of meals, transportation, and lodging associated with the campaign.

Taylor was elected to the Florida House of Representatives in 2008 and ran for four terms until 2016. He tried to run for Congress in 2016 but was defeated in the primaries. Prior to his election to the state legislature, Taylor was the Daytona Beach City Commissioner from 2003 and 2005.

Taylor faces up to 20 years in prison for each count of wire fraud. He remains free after his conviction on August 31. His sentencing is scheduled for November 30 in Orlando.

Source: 30.10.17 Former Florida Representative Dwayne Taylor Ordered to Forfeit $63,000 in Fraud Case.pdf