LOS ANGELES (AP) — In a significant turn of events, the U.S. Court of Appeals for the Ninth Circuit has reversed the 2022 federal conviction of former Rep. Jeff Fortenberry of Nebraska. The court ruled that Fortenberry should not have been tried in Los Angeles, a decision that could have far-reaching implications.
Fortenberry, a Republican, was convicted in March 2022 on charges of lying to federal authorities about an illegal $30,000 campaign contribution he received from a foreign billionaire during a 2016 fundraiser in Los Angeles. Following pressure from congressional leaders and Nebraska’s GOP governor, Fortenberry resigned from his seat shortly after the conviction.
The appellate court’s ruling stated that the trial venue of Los Angeles was improper, as Fortenberry made the false statements during interviews with federal agents in his home in Lincoln, Nebraska, and in his lawyer’s office in Washington. The court stated that the convictions should be reversed so that Fortenberry may be retried, if necessary, in a proper venue.
The decision has raised questions about its potential impact on federal prosecutors in Washington, as Patricia Hartman, a spokesperson for the U.S. Attorney’s Office for the District of Columbia, declined to comment on the ruling’s implications.
The charges against Fortenberry included concealing information and making false statements to authorities. Despite the conviction, Fortenberry maintained his innocence and vowed to appeal from the courthouse steps. During the trial, prosecutors presented recorded phone conversations in which Fortenberry was warned multiple times that the contributions were illicit and came from Gilbert Chagoury, a Nigerian billionaire of Lebanese descent.
The case stemmed from an FBI investigation into $180,000 in illegal campaign contributions to four campaigns, including Fortenberry’s, from Chagoury, who was living in Paris at the time. In 2019, Chagoury admitted to the crime and agreed to pay a $1.8 million fine.
This reversal of Fortenberry’s conviction is significant, as it marks the first time a sitting congressman has been on trial since Rep. Jim Traficant, a Democrat from Ohio, was convicted of bribery and other felony charges in 2002.
Fortenberry and his wife, Celeste Fortenberry, expressed gratitude for the Ninth Circuit’s decision. In a statement, Fortenberry said, “We are gratified by the Ninth Circuit’s decision. Celeste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship.”
Representatives from the U.S. Attorney’s Office in Los Angeles did not provide an immediate comment on the ruling.
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