Fagen sentencing set for May 9

After a number of postponements, former Long Beach City Councilman Mike Fagen is expected to appear before a judge in Nassau County Criminal Court next month for sentencing in relation to his fraud conviction.

In February, Fagen was convicted of 18 counts of first-degree offering a false instrument for filing and one misdemeanor count of petit larceny, charges that arose from his collection of more than $15,000 in unemployment benefits while he was a member of the council. The jury was unable 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.

Fagen’s sentencing before Judge Meryl Berkowitz was originally set for April 8, but was adjourned twice in the last two weeks due to scheduling conflicts, according to Fagen’s attorney, Marc Gann. It was adjourned a third time, to May 9, because Gann said that they are attempting to work out a restitution agreement.

Gann said that he would be “shocked” to see his client receive the maximum penalty of four years in prison. Gann said he is hoping that Fagen will receive probation and no jail time.

“Given everything that he’s been through — the disgrace, losing office, the impact it’s had on his family — it’s more than enough punishment,” said Gann. “The felony conviction will affect his ability to find employment in the future.”