Appeals court tosses ex-Nebraska Rep. Jeff Fortenberry’s conviction for lying to FBI

A federal appeals courtroom on Tuesday threw out the conviction of former Rep. Jeff Fortenberry of Nebraska for mendacity to the FBI about unlawful contributions made to his reelection marketing campaign, figuring out that he was tried within the incorrect venue.  

The Ninth Circuit Courtroom of Appeals mentioned in an opinion that Fortenberry ought to have been tried in Nebraska or Washington, D.C., the place he made the alleged false statements to investigators and never in California, the place his trial was held. 

“Fortenberry’s trial befell in a state the place no charged crime was dedicated, and earlier than a jury drawn from the vicinage of the federal businesses that investigated the defendant. The Structure doesn’t allow this. Fortenberry’s convictions are reversed in order that he could also be retried, if in any respect, in a correct venue,” U.S. District Decide James Donato wrote in a 23-page opinion. 

A jury in 2022 discovered the Republican responsible of mendacity to federal authorities about an unlawful $30,000 contribution to his marketing campaign by a overseas nationwide at a 2016 fundraiser in Los Angeles. 

He was accused of mendacity throughout two interviews in 2019 with FBI brokers who had been trying into the unlawful contributions and whether or not Fortenberry knew about them. The interviews occurred at Fortenberry’s dwelling in Nebraska and his lawyer’s workplace in Washington. 

As such, Fortenberry was not charged with violating election legislation however fairly with mendacity to investigators. Donato famous within the determination that the district courtroom had discovered that any such violation could possibly be tried “not solely the place a false assertion is made but in addition the place it has an impact on a federal investigation,” however the appeals courtroom mentioned that “the Structure plainly requires {that a} felony defendant be tried within the place the place the felony conduct occurred.”

Fortenberry, who resigned from Congress after the conviction, was sentenced to 2 years of probation and a $25,000 wonderful. 

Fortenberry mentioned in a press release that he and his spouse had been “gratified by the Ninth Circuit’s determination.” 

“Celeste and I wish to thank everybody who has stood by us and supported us with their kindness and friendship,” he mentioned. 

The Justice Division didn’t instantly reply to a request for remark.