Court throws out former Rep. Jeff Fortenberry's conviction for lying about foreign campaign donations
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A court on Tuesday threw out the 2022 conviction of former Rep. Jeff Fortenberry, R-Neb., on charges he lied to authorities about an illegal campaign contribution from a foreign billionaire.
The U.S. Court of Appeals for the Ninth Circuit did not necessarily take issue with the charges against the former Republican lawmaker – one count of concealing information and two counts of making false statements to authorities. Instead, a panel of three judges ruled in a unanimous decision that Fortenberry should not have been tried in Los Angeles.
Fortenberry was charged after he denied to the FBI that he was aware of receiving $30,000 in illicit funds tied to Nigerian businessman Gilbert Chagoury at a 2016 fundraiser in southern California.
Foreign nationals cannot legally donate to candidates running for federal office.
Judge James Donato, writing for the panel, ruled that it was improper for federal prosecutors to try Fortenberry in Los Angeles because he made the false statements during conversations with federal officials at his home in Lincoln, Nebraska and at his attorney’s office in Washington.
“Fortenberry’s convictions are reversed so that he may be retried, if at all, in a proper venue,” the decision said.
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Fortenberry and his wife, Celeste Fortenberry, immediately applauded the court’s decision.
“We are gratified by the Ninth Circuit’s decision,” Jeff Fortenberry said in a statement. “Celeste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship.”
Federal officials did not immediately comment on the possiblity that the nine-term Republican could again find himself on trial over the illegal donation, only this time in Nebraska or Washington.
Thom Mrozek, a spokesperson for the U.S. Attorney’s Office in Los Angeles, confirmed to the Associated Press that Tuesday's ruling “does not preclude a retrial on the charges that then-Congressman Fortenberry made multiple false statements to federal agents.”
“We are evaluating potential next steps before deciding how best to move forward,” he added.
Contributing: Associated Press
This article originally appeared on USA TODAY: Jeff Fortenberry: Court tosses conviction over campaign contributions
