Mike Snider

USA TODAY

Federal prosecutors may be investigating 21st Century Fox over settlements it paid to individuals who filed sexual harassment suits against former Fox News CEO Roger Ailes, according to an attorney for one of the plaintiffs.

In New York State Supreme Court Wednesday, the attorney for former Fox News host Andrea Tantaros, Judd Burstein, said he had been served with a subpoena from the U.S. Attorney’s Office for the Southern District of New York for another client about the claims filed against Ailes.

Fox won the issue of the day when Judge David Benjamin Cohen ruled that Tantaros' case against Ailes should go to an arbitrator, as Fox had sought. Neither Fox News nor parent company 21st Century Fox had received a subpoena on its own, but has been cooperating with the U.S. Attorney's office, the company said.

Tantaros' sexual harassment suit, filed in August 2016, came a month after Gretchen Carlson, another former Fox News broadcaster, sued Ailes for sexual harassment, claiming he opted not to renew her contract after she refused to sleep with him.

21st Century Fox settled the case, agreeing to pay Carlson $20 million. Ailes, who denied the allegations, left the company in July with a $40 million settlement. Fox also conducted an internal investigation.

Fox News host Megyn Kelly, who left the network in January for NBC, said Ailes had harassed her starting in 2005 in her book Settle for More. Fox, which is controlled by billionaire mogul Rupert Murdoch, has settled other claims, the network has confirmed.

In Tantaros' lawsuit against Fox News, Ailes and other Fox executives, she alleged the news network "operates like a sex-fueled, Playboy Mansion-like cult, steeped in intimidation, indecency, and misogyny."

In its response, Fox said that Tantaros had been suspended for breaching her contract by publishing a book without company approval and that Tantaros never complained about Ailes in an internal probe of her claims.

Burstein told Judge Cohen Wednesday that “I was told by the U.S. Attorney's office there is an ongoing criminal investigation, relating to these allegations,” according to the New York Daily News. The development was first reported by The Hollywood Reporter, but was confirmed with Burstein by USA TODAY.

He said plans to file a new lawsuit against Fox and Ailes in in federal court alleging unlawful surveillance of Tantaros' personal communications, as well as other charges.

In a statement, Fox said that “The court granted Fox News’ motion to send Andrea Tantaros’ case to arbitration, where it always belonged, and rejected her counsel Judd Burstein’s histrionics. Apparently one of Mr. Burstein’s other clients has received a subpoena. Neither Fox News nor (Fox News parent 21st Century Fox) has received a subpoena, but we have been in communication with the U.S. Attorney’s office for months — we have and will continue to cooperate on all inquiries with any interested authorities."

Follow USA TODAY reporter Mike Snider on Twitter: @MikeSnider.