and last updated 2021-07-09 17:24:04-04 MOUNT CLEMENS, Mich. (WXYZ) â Former Macomb County Prosecutor Eric Smith and his former Chief Assistant Prosecutor Derek Miller are back in court to hear the evidence against them in a corruption case that started two years ago and uncovered 4 off-book checking accounts holding hundreds of thousands of dollars. Smith is facing ten counts including Embezzlement, Running a Criminal Enterprise, Tampering with Evidence, and Conspiracy, up to 20 years if convicted. Miller is charged with Conspiracy and Misconduct in Office, up to 5 years in prison. Today was the first in-court hearing after COVID delays. Smith wore a mask in court with TV cameras rolling. He had COVID last year that delayed his parallel federal case in which he pleaded guilty to a reduced charge of Obstruction of Justice.