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Jury Convicts Long Beach Councilman on Multiple Felonies

Michael Fagen faces maximum of 4 years in prison.

Councilman Michael Fagen.
Councilman Michael Fagen.

Long Beach City Councilman Michael Fagen was found guilty on charges that he illegally collected unemployment benefits in 2010 while he was employed by the City of Long Beach as a council member.

After a week of deliberations, the jurors at Nassau County Court in Mineola on Tuesday found Fagen guilty on 18 of 38 counts of first-degree offering a false instrument for filing and one misdemeanor count of petit larceny, said Chris Munzing, a spokesman for the Nassau County District Attorneys Office.

“The jury was unable to reach a verdict on the remaining 20 counts and the jury was unable to reach a verdict on the top count of third-degree grand larceny,” Munzing told Patch.

Fagen, 56, faces a maximum of 4 years in jail. He will be sentenced by Judge Meryl Berkowitz on April 8.

District Attorney Kathleen Rice said in a statement that Fagen began receiving $405 per week in unemployment insurance benefits from the New York State Department of Labor (DOL) in September 2009. In November 2009, Fagen was elected to a four-year term as a Long Beach city councilman, a full-time position, and began receiving a yearly salary of $19,828 upon his inauguration in January 2010, Rice said.

Fagen failed to disclose his government employment to the DOL, as well as his employment as a salesman for a hotel membership benefits company while continuing to receive undeserved unemployment benefits, and after his inauguration he falsely certified that he was unemployed to the DOL, according to Rice.
 
“Elected officials are expected to put their communities and constituents first, not look for ways to pad their wallets at the expense of those they represent,” Rice stated. “Mr. Fagen violated the trust of Long Beach residents.”

Fagen's term on the council expires in November. According to the City Charter, the governor can remove a council member in Long Beach and the vacancy may be filled by the majority of the council.

Fagen and his attorney Marc Gann were unavailable for comments Tuesday afternoon. 
Bill February 5, 2013 at 09:01 pm
jack..that is mean
John Rider February 5, 2013 at 10:27 pm
It is ridiculous that City Council members receive a salary and benefits, including a pension. Like school board members, council members should not be paid for their participation in government. It is ridiculous that in a town of 30,000 (probably now less) people, our local elected officials receive a salary to represent us. They have their day jobs, and are required to attend the nighttime meetings of the city council, just as many concerned Long Beachers do anyway. Paying the city council makes them more part of the government bureaucracy then representatives out for the welfare of our citizens and their city.
AEA President February 6, 2013 at 06:54 am
They should be paid for sure, but definitely no benefits. And do health benefits extend to the families? Time to stop that practice
SeanyA February 6, 2013 at 07:09 am
I have no problem with the salary, but the benefits need to go.
Eddie February 6, 2013 at 07:35 am
Where were you all when the Democrats doubled the salary, gave themselves lifetime pensions and gave them and their family benefits by raising your taxes? Then you reelected them. Now you complain? Get your heads out of the sand and stop electing these criminals.
Sam Jackson February 6, 2013 at 07:59 am
Same old long beach politics. Isn't it time to get rid of long beach politics and roll it into town of hempstead?
AEA President February 6, 2013 at 08:12 am
Taxes would have gone up regardless of who got elected
SeanyA February 6, 2013 at 08:56 am
TOH? and deal with Kate Murray? I still think one elected Mayor and be done with the council.
William Polin February 6, 2013 at 10:03 am
I thought working a 40 hour week, 9 to5 was a full time job, not two evenings A month.
AEA President February 6, 2013 at 12:32 pm
here is a question for the gallery. If getting voted onto the council entitles them to health insurance, what happens when they are voted out?
It does not seem like there are many who serve on the council for more than 2,4,6 years.......
Eddie February 6, 2013 at 12:40 pm
Some, through lack of oversight, have kept the insurance for many years after their term expired. The former City Council found hundreds of non-employees still on insurance rolls. That was fraud, but none were prosecuted.
AEA President February 6, 2013 at 01:21 pm
and that is just dead wrong. sounds like a good gig - "free insurance for life"
Leonard Bauman February 6, 2013 at 02:50 pm
Last night the Honorable Councilman Fagen (D-North Park District) allegedly stated he was innocent and this is part of a vast left wing conspiracy that is out to get him. He allegedly will appeal this "wrongful conviction" and "will clear his good name." All we are saying, is give Fagen a second chance to redeem himself his few and far between supporters allegedly chanted.
Me February 6, 2013 at 03:29 pm
I am still trying to figure out why any of our city council members are claiming to be full time employees and getting benefits and pension credits? They can claim whatever they want but none of them are working "full time" for the city. Has anybody really done the math, how much does this cost the city each year? Not saying what Fagen did was right but there seems to be an awful lot of "offering a false instrument for filing" going on by our city council members submitting paperwork claiming to be full time employees. Where is the investigation of this whole thing?
Eddie February 6, 2013 at 04:33 pm
Pension and benefits cost about $26,000 per person.
Enough already February 6, 2013 at 05:12 pm
Bauman, did it ever occur to you that maybe fagen does have family that love and care about him I am amazed how you and a couple of others act as if he is Bernie madoff or Charles Manson. You sound like an angry old man. I am shocked that you harbor no ill will toward the rest of the council members as they are fudging their records in order to get pensions. They r the real thieves. . Fagen didn't even apply for a pension.
Bill February 6, 2013 at 05:31 pm
Yes, agreed, Enough already, Bauman is an angry old man who has nothing to do with himself. He is always on here chanting negativity and praising those who get hurt. Bauman, take your meds. Smile, life is not so bad.
joe February 6, 2013 at 07:10 pm
In addition to the $ 26,000 in pension and benefits the Council also is paid $20,000. $ 230,000 of our tax dollars to pay for these part time slugs. To answer a previous question , yes the free medical, dental and vision benefits extend to the family.
AEA President February 6, 2013 at 07:21 pm
So you can get elected for a few years for $20k a year, then be eligible to collect $26k (or more) annual pension upon retirement
Cassie Bellasante February 6, 2013 at 07:28 pm
I feel like I am a broken record. Probably dating myself as most do not even remember what a record is... but I am not condoning this behavior, but I need to ask once again - where are our other city council members? Anybody seen them? Even Gov. Christie and Mayor Bloomberg are trying but I have yet to hear anything from our "illustrious leaders"... Maybe I am missing something!!! When I was waiting on the FEMA line at the rink, Fagen was the only city council member there lending support. hmmmmm, something is fishy here!
Robert February 7, 2013 at 07:48 am
Lets be fair Cassie, the others showed up when it was time to have their pictures taken with some important person or do a picture for the paper, during the initial crisis. They love having their pictures taken. Fagen was down there volunteering every day wit FEMA, where were the rest? I hardly saw them and they were not woriking like he was and i was there a lot. Lets not forget, he called the coalition on all their b.s. then he calls them on the f/t pension that they were collecting and refuses it so they report him as working fulltime so he gets in trouble with unemployment for the "fulltime" job? When he started calling the new Dems out on the crap that they were doing, they turned on him too. I've watched all the city council meetings, you may not like fagen as a person, but he's the only one that has the rocks to call the coaltion or the new dems on their b.s. Down the road he's right - remember the audit. I'm not a hennessy fan either, but his blog about the broken promises is spot on - too bad he cant see the fault with his coalition buddies. Full time job for two meetings a month along with heath insurance and retirement? Sign me up. I smell something fishy here and it seems to smell further than long beach. P.S. - I think delusional awesome and cranky old bauman should hook up and sail off into the sunset.
Enough already February 7, 2013 at 08:53 am
Hope they don't sail away without that other dirtbag jack kett
Leonard Bauman February 7, 2013 at 09:53 am
1. I am not an angry old person as some have alleged.
2. I was stating the facts, he and his supporters are claiming he is innocent of the charges and that their is a left wing conspiracy that wants to see him fall from grace. 3. Yes, I bear witness to the fact that Councilman Fagen was on the front lines in the Waldbaums parking lot 3 months ago helping soldiers give out food and rations. 4. Peace to all and to all a good day. Be good to each Long Beacher and they will be good to you also.
Enough already February 7, 2013 at 10:16 am
Amazing how you fail to answer why you have no anger towards the crooks collecting pensions by pretending its a full time job. And yes Leonard theofan did not want fagen there. He sent him an email that he was not happy that fagen wasn't on the same page as him as he had once thought. Did you go to the trial leonard? Bc that email was read along with others. But you keep bashing a man that all you are sure of is that he helped distribute food with soldiers. And keep defending the people who are really stealing your tax dollars in the form of pensions
Enough already February 7, 2013 at 10:17 am
Oh and please read the last line of your post. Would be nice if you yourself followed it
Gretchen D. February 7, 2013 at 12:47 pm
I am with you Enough Already, and Robert. Fagen is the ONLY one who really worked for the people, and he is paying a price for standing up against those who didn't really care. They are the ones that truly scammed the system. Someone's life is now ruined, and people on here are gloating about it. This is not a hardened criminal. He didn't deserve this AT ALL!
I can't understand the jury coming to the conclusion that he was guilty of 20 out of 38 counts. Makes no sense to me. He was either employed, or he wasn't. It was either full time, or part time. We all know that this is a part time position. Mostly everyone that sits on the council has another job. Who can live in Long Beach on just $19,000 per year??? We can all thank Mike Fagen for trying to do his best to shed light on the corruption in this town, and sacrificing his own life to do so.
Robert February 7, 2013 at 07:48 pm
Long beach ~ The Corrupt City by the Sea. Fagen is continuously the only one who has called the other city council members on the garbage they try to sell. the coalition hated him for speaking out and not playing by their rules and the dems, who were all to happy to be his buddy at election time, turned on him the minute he didnt bow to the almighty "puppet master" who controls the strings. I'd vote for him before i'd vote for any of the prior or current council members, shame we'll be stuck with whatever puppets either puppet master put forward in november. All we can do is hope for some new blood.
AEA President February 8, 2013 at 07:55 am
Please identify said puppet master(s) and provide a provide a brief description of how they pull the strings
Annette M La Salle February 9, 2013 at 05:51 pm
i feel very sad he did try to help the needy and seniors anyone who helps us always gets hurt i wish him luck and not such a steep sentence
Audrey Krostich February 27, 2013 at 11:04 am
Marc Gann is a great lawyer.

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AEA President June 18, 2013 at 04:46 pm
yes - by sheer coincidence, their employees work more overtime than ever before in their last 3Read More years of employment before retirement (as it so happens, their pension is based in part on their last 3 years of employment).
Jack Kett June 18, 2013 at 07:41 pm
Bottom line re: LIRR is that people in suburbs who ride LIRR and Metro North are paying to subsidizeRead More the bankrupt NYC Subways and subsidize minority riders in the outer boros. Its the price we pay to not live in NYC. The subways charges a cheap fixed fare to subsidize low income NYC residents. Its a form of socialism.
Joe June 18, 2013 at 08:19 pm
Jack, racist much? Why don't you go have a tea party with the rest of the little Republican girls?
Eddie June 18, 2013 at 02:55 pm
Great photos, Richard. With joists like those, you could drive a firetruck up that thing!
Eddie June 18, 2013 at 08:24 am
Sink hole repaired by the City by 6 PM. Great job by great guys.
Eddie June 16, 2013 at 09:53 pm
Because the Democrats fired all the engineers in City government and replaced them with politicalRead More friends.
Eugene Torres June 17, 2013 at 07:57 am
Heron St is like a bombed out war zone. Many of the residents drive the wrong way to avoid theRead More potholes at the beginning of the street.
AEA President June 18, 2013 at 06:45 am
Solomon why hast thou forsakeneth?
TJM June 18, 2013 at 12:56 pm
I'm glad I live in the Town of Hempstead No new taxes in Four years. The streets are clean and theRead More storm drains work. I had aead tree replaced for $170.00 byb the town. Read and weep Long Beac
Charlie Cheswick June 18, 2013 at 03:13 pm
"Working" storm drains like the one between Regent & Greenway on Lido Blvd?
jacqueline gay June 16, 2013 at 08:06 pm
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Dr. Sidney A. Stiebel June 18, 2013 at 07:40 pm
Paninis & Bikinis may still be hiring.
jacqueline gay June 18, 2013 at 09:18 pm
Thank you Dr Steibel
Susie Pennachio June 15, 2013 at 09:13 am
yeeeepppp i always see people trying to get thru it or go around it to get onto the beach
Jaime Sumersille (Editor) June 15, 2013 at 12:44 pm
Thanks for the notice, Ally! I posted this on Facebook to make people aware! - Jaime Sumersille,Read More Regional Editor, Nassau County
RackEmUp Gomez June 14, 2013 at 03:55 pm
Those murderers from Boston were students, right? How about importing some kids from Brooklyn thatRead More need help? Lets stop being patsys.
Eddie June 14, 2013 at 07:55 pm
More Patch Spam. Look up any charity on GuideStar and see their tax return. Then you can decide ifRead More you want to support their executives with your contributions.
Eddie June 13, 2013 at 05:45 pm
Sure, John, and the NSA will reply in a speedy fashion.
Me June 13, 2013 at 08:49 pm
What would be the basis for that demand? The govt only has to turn over exculpatory evidence orRead More evidence it intends to use against a defendant and as far as I know in a civil matter (especially divorce) the govt is generally not a party to the action so how would they be compelled to do so?
kevin June 14, 2013 at 04:38 am
Oh oh. I hope some of these attorneys don't snoop around my phone records cause I'm banging theRead More wives of 3 different attorneys and a handful of scumbag politician wives also.i hate politicians !!
oceanview June 14, 2013 at 10:43 am
Did Grace Industries have the contract for the firehouse in the west end?
Eddie June 14, 2013 at 01:27 pm
What is puzzling is a contract that carries no line-item pricing and FEMA legislation that requiresRead More line-item price specifications for reimbursement. I suppose the City/contractor will have to provide this later.
RackEmUp Gomez June 17, 2013 at 11:36 pm
How about the THOUSANDS of illegal apartments being rebuilt with FEDERAL money? Who gives a ratsRead More ass about the boardwalk? Lets get the multi-millions in untaxed cash from these thieving landlords.
RackEmUp Gomez June 14, 2013 at 05:55 pm
I dont agree with all or even most of Harveys politics but there is NO doubt that he is one theRead More greatest benefactors to Long Beach in its history.......maybe THE greatest. When he is gone the Tea Party scumbags that want to kill the sandy Bill in 2014 and also send your flood insurance off the charts will have one less voice speaking out against it.
LI Resistance June 16, 2013 at 09:17 pm
When Harvey is gone we will have less wasted money from the tax payers. Harvey is our benefactorRead More using our own tax money you idiots.
anonymous June 17, 2013 at 01:54 am
You guys still don't get it...yes...Harvey brings back "our" money. But why are he and theRead More rest of the politicians taking it in the first place? These politicians have you so bamboozled that as they bleed us dry you thank them for the privilege of doing it. All they have to do is say "it's for the children" and you take leave of your brains. Unbelievable...
RackEmUp Gomez June 14, 2013 at 09:16 pm
If one of the 17 was your son you may not be so flippant , you moron.
oceanview June 13, 2013 at 11:26 am
Who let these people run the shelter. They looked like con artists right from the start.
andy napolitano June 13, 2013 at 01:16 pm
@BSM if you read the post you would see it tells you to go to a Facebook site called Rescue Ink =Read More The Facts. On this site there is a copy of Rescue Inks's 2011 tax form which is public information. It shows right on that tax form how they only paid 6% of their income for the animals. Also it is in the contract (also public information) with the City Of Long Beach, that Rescue Ink is just "running" the shelter. The building is owned & maintained by the City which also pays all utilities & vet bills. You should do a little research yourself before you question us. We could never put up these "facts" unless they were true.
andy napolitano June 13, 2013 at 06:44 pm
What is the AEA stand for?
Eddie June 12, 2013 at 08:31 pm
Why not ask National Grid to charge me for a Hep Wanted ad for you too?
Kat June 13, 2013 at 03:01 pm
YAh glad you are coming back!!!!