Former Eric Smith Chief of Staff Sentenced to Prison a Week Early

Eric Smith's former employee Ben Liston was sentenced to prison last week, a week earlier than planned, for embezzlement of public funds.

Liston, 62, a former chief of staff for the Macomb County District Attorney's Office, was sentenced to 60 days in jail last October for spending $16,000 in public funds to purchase laptops, sound equipment and travel expenses for a second home in Arizona before he retired from the Macomb County District Attorney's Office in 2018.

Liston was scheduled to report to the Macomb County Jail on Monday, but turned himself in to the Genesee County Jail a week earlier because he had reached an agreement with the Attorney General's Office, which was prosecuting the case. He was unable to report to the Macomb Jail for security reasons because of his previous position and his wife's position as a district judge here.

On Tuesday, his release from probation was also reviewed.

Liston's attorney, Michael Manley, declined to comment Tuesday.

Liston will likely get 10 days off his sentence because he will receive five days for each month he has spent in good behavior under state law. He could also receive other credits, such as for serving as a trustee or completing certain courses.

He was one of four people charged in a Michigan State Police investigation into Smith's unauthorized use of impound funds and other public funds.

Liston pleaded guilty to three counts of willful misconduct by a public official holding a public trust, and agreed to testify against Smith, pay $16,000 (reduced to $11,000) in restitution, pay a $3,000 fine, surrender his law license, and serve two months behind bars. In exchange, he was acquitted of four crimes: two counts of embezzlement by a public official, both felonies punishable by 10 years in prison, and one count each of running a criminal organization, a felony punishable by 20 years in prison, and abuse of office, punishable by five years in prison.

Liston is married to Judge Suzanne Faunce of the 37th District Court in Warren and is a musician and singer under the name Ben Bolt.

Ben Liston, Eric Smith's former longtime chief of staff, testified at Smith's preliminary hearing in 41B District Court in Clinton Township in 2021.MACOMB DAILY FILE PHOTO

Liston was charged as part of an investigation into Smith's unauthorized spending of public funds from impound and other accounts. Smith was sentenced in September 2023 by Visiting Judge Nanci Grant in Oakland County District Court in Pontiac to four years' probation, $25,000 in restitution, an $8,000 fine and 750 hours of community service after pleading guilty to three minor felonies. As part of a settlement with the Attorney General's Office, the most serious charges were dropped, specifically operating a criminal organization and five counts of embezzlement by a public official.

Smith, 57, gave up $25,600 of his annual pension, reducing it to about $57,000 annually.

State officials initially accused Smith in 2020 of spending up to $600,000 from four “slush” accounts derived from drunk driving and drug seizures, bad checks and Warren Drug Court proceeds on improper items, including a $7,000 security system for his home, office parties and gifts for co-workers, donations to churches and nonprofits and iPads for his children's school, to name a few.

Smith resigned in March 2020, days after he was indicted by prosecutors and while he was under federal investigation.

In another case, Smith was convicted in federal court in 2021 of obstruction of justice for attempting to cover up the theft of $75,000 from his campaign fund. U.S. District Judge Linda Parker sentenced him to 21 months in prison and $70,000 in restitution, but he was released in February 2023 after only seven months in prison due to the COVID pandemic and health issues. He was ordered to serve the remainder of the sentence under house arrest, but only spent about five more months before being released from federal custody.

In addition to Liston, William Weber of the Weber Security Group, which installed the security system in Smith's home and was paid for work it did not do, and former operations manager Derek Miller were also charged in the state investigation.

Former Macomb County Prosecutor Eric Smith appears at a court hearing in his criminal case in 2021.MACOMB DAILY FILE PHOTO

Weber, 43, pleaded guilty in 2021 to a misdemeanor count of conspiracy to commit an illegal act by an unlawful means. He was sentenced in October 2023 to two years' probation, a $1,000 fine and ordered to pay nearly $24,000 in restitution for being paid for work in county offices he did not perform. He is scheduled to have a hearing on early release from probation in October.

Weber was charged with two other unrelated criminal offenses following his indictment. He was convicted of drunk driving for the second time after being arrested by a Macomb Sheriff's deputy in Macomb Township on February 18, 2023. He pleaded guilty in 41A District Court and was immediately sentenced to two years' probation.

In May 2022, Weber was separately charged with theft over $20,000, conspiracy to commit theft and lying to police during a felony investigation. He was accused of stealing $45,000 worth of air conditioning and heating equipment stored in a building he rented in Fraser. As part of a deal with Macomb prosecutors, Weber, 43, pleaded guilty in Macomb District Court in November 2023 to lying to a police officer during a misdemeanor investigation in exchange for the original three felony charges being dropped. He was immediately ordered to pay $3,284 in restitution to the Fraser Department of Public Safety along with a co-defendant.

Miller, 40, Smith's former chief of operations, received a deferred sentencing order from Judge Grant in October 2023 after pleading guilty in June 2022 to a reduced charge of “a public official refusing or failing to account for county funds,” which is punishable by up to 90 days in jail. As part of a plea agreement with the Attorney General's Office, two charges against him were dropped and the misdemeanor will be expunged on Sept. 25, 2024, as long as he complies with probation requirements under a law often used for first-time minor drug offenses.

Miller is scheduled to be sentenced on Sept. 25. Under the agreement, the judge could dismiss the charges. He suggested that Smith change the numbers of the bank accounts that held the funds the former prosecutor was hiding from county officials and allegedly went to the bank to change them, although he also suggested that Smith turn over the accounts.

Originally published: August 20, 2024 at 2:26 pm

Former Eric Smith Chief of Staff Sentenced to Prison a Week Early – Macomb Daily

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