Fagen's Sentencing Postponed Again

For the fourth time since his felony conviction in February, former Long Beach City Councilman Michael Fagen must still wait to see whether he may go to prison after his sentencing was adjourned again Thursday. 

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Marc Gann, Fagen’s attorney, conferenced with Judge Meryl Berkowitz and prosecutors, but they were still unable to agree on his client’s restitution.

“We’re trying to figure out what the correct amount will be,” Gann said outside the courtroom at Nassau County Court in Mineola.  

Gann said the restitution amount will be determined at a meeting May 20, after which a sentencing date will be re-scheduled.

Fagen was convicted in February on charges connected to his collection of more than $15,000 in unemployment benefits, and he faces a maximum four year sentence in prison.

Berkowitz adjourned the sentencing three times, initially because he reportedly hadn’t reviewed all the former councilman’s parole reports, and later because a restitution agreement was not established.

The District Attorney’s Office recommends that Fagen serve time in jail, Gann said, and he expressed concern that his client may receive some prison time. “I’m hoping to convince her [Berkowitz] not to,” Gann said.

A jury found Fagen guilty on 18 counts of first-degree offering a false instrument for filing and one misdemeanor count of petit larceny. But jurors failed to reach verdicts on the top charge, one count of third-degree grand larceny, and 20 additional accounts of offering a false instrument for filing.

During the former councilman’s trial, prosecutors said Fagen failed to report his $19,828 year income as a councilman and he received $405 weekly in unemployment insurance benefits after he took office in January 2010.

Marc Gann said previously that he intends to appeal.

Less than a week after his felony conviction, Fagen, a Democrat, was forced to step down from the council and Long Beach resident Eileen Goggin was appointed to his seat until his term expires in December.

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