Sentencing of Former Councilman Postponed

Michael Fagen, the former Long Beach City Council member convicted of stealing unemployment benefits early this year, will not be sentenced as scheduled on Monday.

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Chris Munzing, a spokesman for the Nassau County District Attorney’s office, told Patch that Judge Meryl Berkowitz will sentence Fagen at a later date but he didn’t say the reason for the postponement. Fagen’s court appearance had not yet been rescheduled.

In February a jury convicted Fagen, 56, on charges that stemmed from his collection of more than $15,000 in unemployment benefits. Less than a week later, the Democrat councilman was forced to resign on his conviction for a felony, and attorney and Long Beach resident, Eileen Goggin, filled Fagen’s term that expires this year.

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

After nearly two weeks of deliberations, the jury on Feb. 5 convicted Fagen of 18 counts of first-degree offering a false instrument for filing and one misdemeanor count of petit larceny. Jurors failed to reach verdicts on the top charge, one count of third-degree grand larceny, and 20 additional counts of offering a false instrument for filing.

Marc Gann, Fagen's attorney, said that he intends to appeal.

Fagen faces up to four years in prison. 

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