STATE OF MICHIGAN

IN THE 16TH JUDICIAL CIRCUIT COURT

FOR THE COUNTY OF MACOMB

People of the State of Michigan

Plaintiff,
Hon. Nanci Grant
by SCAO assignment
v.
Eric Joseph Smith, Case No. 2022-000235-FH
(Oakland County Number:
2022-SC0054-SC)

Derrick Edward Miller Case No. 2022-000236-FH

(Oakland County Number:
2022-SC0055-SC)

Defendants,
_______________________________/
Michael G. Frezza (P46949)
Assistant Attorneys General
Michigan Department of Attorney General
3030 West Grand Blvd., Ste. 10-350
Detroit, MI 48202
(313) 456-0180
frezzam@michigan.gov
Attorney for the People

Martin Crandall (P26824) Steve Fishman (P23049)

John Dakmak (P58210) 615 Griswold St Ste 1125
Clark Hill PLC Detroit, MI 48226-3910
500 Woodward Ave Ste 3500 (313) 920-2001
Detroit, MI 48226-3485 Attorney for Defendant Derrick Miller
(313) 965-8288
Attorneys for Defendant Eric Smith

__________________________________________/

PLEA AGREEMENT

NOW COMES, Derek Edward Miller, in person and by and through his

attorney, Steve Fishman; and for the People of the State of Michigan, Michael G.

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Frezza, Assistant Attorney General, Public Integrity Unit, Criminal Trials and

Appeals Division, Michigan Department of Attorney General, and enter into the

following plea agreement:

1. This plea agreement shall become part of the record, and by agreement of the

parties the following terms and conditions, if accepted by the Court at the time

of sentencing, shall apply to Defendant Derek Miller’s plea in the above

captioned case.

2. Defendant Derek Miller consents to amending the People’s Information with

one count of MCL 750.485, Public Official, Refusing or Neglecting to Account

for County Money, a misdemeanor, against himself as Count 25.

3. Defendant Derek Miller shall plead guilty to count 25, MCL 750.485, in this

Amended Information.

4. Derek Miller acknowledges as true and will make the factual basis of his guilt

testifying as follows. Derek Miller, at all relevant times was the Chief

Operating Officer of the Macomb County Prosecutor Office and an Assistant

Prosecuting Attorney, and thus a public official. In June of 2018, Derek Miller,

knowing two bank accounts that held Macomb County public money in the

name of the Macomb County Prosecutor Office, verbally stated to Prosecutor

Eric Smith and others that the EINs of these accounts that were then

associated with Macomb County could be changed to EINs that are not

associated with Macomb County. Derek Miller further acknowledges as true

and will testify that the purpose of changing the EINs of these accounts was to

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 secret or hide from the Macomb County Treasurer, the Macomb County

Department of Finance, the external accounting auditor for Macomb County,

the Macomb County Board of Commissioners, and ultimately the public, the

financial specifics or facts concerning these accounts holding public county

funds and to refuse the accounting of these public monies, in violation of law.

Derek Miller also acknowledges as true and will testify that Eric Smith agreed

to this scheme or conspiracy and requested Derek Miller to physically go to the

bank holding these accounts with Lori Addelia, which Derek Miller in fact did.

The EINs of these accounts were in fact changed. Derek Miller acknowledges

he acted in furtherance of this agreement between Prosecutor Eric Smith and

himself, further acknowledges and will testify he aided and abetted this

secreting or hiding the financial specifics or facts concerning these accounts

holding public money, in violation of law. Derek Miller acknowledges and will

testify that later, in November of 2018, that he verbally refused the Macomb

County Treasurer’s request to change these accounts EINs back to County-

associated EINs, and further refused to transfer these accounts to the County

Treasurer’s custody, in violation of law.

5. Defendant Derek Miller agrees to abide by the terms of the special

consideration form, which is made part of and incorporated into this plea

agreement attached as Exhibit 1, including if requested by the undersigned

Assistant Attorney General, testifying truthfully about Eric Smith in all

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 hearings and proceedings. This includes but is not limited to that in

paragraph 4 above.

6. The parties agree, with approval of the Court, that defendant Derek Miller will

not be sentenced until after he has fulfilled all terms in the special

consideration form attached as Exhibit 1, and Defendant Derek Miller also

agrees that on request by the Attorney General through the undersigned he

waives any right or claim to be sentenced within one year of the plea and any

right under MCL 771.1, and to any right or claim when the sentencing will

occur and further acquiesces to the Court's exercise of personal jurisdiction

over him to impose sentence after one year of his plea and at any time after

there has been a final determination of all proceedings concerning People v

Eric Smith, captioned above.

7. The parties agree that if this plea is accepted by the Court, and if Derek Miller

fulfills the terms in this agreement and the Special Consideration Form, at

sentencing the Attorney General will dismiss from its Amended Information

Counts 15 and 16, that defendant will not be sentenced to incarceration, and

the People will not object to Defendant’s request for relief under MCL 771.1(2).

All other terms of Defendant Derek Miller’s sentence, including any costs, fees,

or fines, shall be determined by the Court at sentencing after the parties have

been heard and the Court considers the truthfulness of any testimony

concerning Eric Smith.

8. This is not a conditional plea.

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9. This plea agreement embodies the entire agreement between the parties and

no promises have been made, or inducements given, to the Defendant by the

People that are not part of this written agreement.

I agree to the above:

___________________________________
Derek Miller
Dated:_______________

___________________________________
Steve Fishman (P23049)

Dated: ______________
Attorney for Defendant Derek Miller

For the People:

_______________________________
Michael G. Frezza (P46949)
Assistant Attorney General
Public Integrity Unit
Criminal Trials and Appeals Division
Michigan Department of Attorney
General