‘No movement’ to settle Fagen case

City Councilman Mike Fagen is expected to stand trial in September on charges that he illegally collected $14,000 in unemployment benefits, although a judge is calling on the attorneys handling the case to reach a settlement in order to avoid a trial, according to Fagen’s attorney, Marc Gann.

Justice William Donnino has been pressing both the Nassau County district attorney’s office and Gann to reach a settlement, and Gann said that Donnino has been putting pressure on both sides to compromise.

“He’s trying, but there has been no movement on either side with regard to that,” Gann said. “There is … a trial date in September if something can’t be worked out by then."

Gann said that a tentative Sept. 10 trial date was scheduled recently. A pretrial conference on Wednesday was adjourned for Aug. 21.

“The court is going to try and put pressure on both sides to compromise to avoid a trial,” Gann said. "Nothing has really changed, other than we’re on target to potentially try the case in September.”

Fagen maintains his innocence, and despite calls from his Democratic colleagues to step aside in order to deal with his legal issues, he continues to hold his council seat. Gann has said that he believes the charges against Fagen are politically motivated and have been “blown way out of proportion.”

A spokesman for the district attorney’s office did not immediately return calls for comment.

Following a grand jury indictment in February, Fagen pleaded not guilty to charges that he illegally collected more than $14,000 in unemployment benefits.

The charges against Fagen include 38 counts of first-degree offering of a false instrument for filing, one count of third-degree grand larceny and one count of petit larceny. Fagen faces up to seven years in prison if convicted.