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Overcast Fagen sentencing adjourned, again
Attorney for former councilman trying to prevent jail time
Former City Councilman Michael Fagen was spared sentencing yet again last Thursday.
Fagen’s attorney Marc Gann said that the sentencing was adjourned, for the fourth time now, because both sides are still trying to work out a restitution agreement.
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.
Both the prosecution and the defense are working toward settling on an amount for restitution and a payment plan, said Gann. But the prosecution is also pursuing jail time for Fagen, which Gann is trying to prevent.
“There’s always a risk, in a jury trial, that the judge will incarcerate him,” said Gann. “I’m hoping to convince her otherwise.”
Gann said that attorneys will reconvene on May 20, at which time the final terms of the restitution will be presented and a sentencing date will be set.
