A three-judge panel in the Ninth Circuit Court of Appeals reversed the conviction of a Republican congressman for lying to FBI agents.
The court’s decision found that Jeff Fortenberry, ex-congressman for the 1st district of Nebraska, was tried in the wrong venue when he was charged and prosecuted in Los Angeles for crimes the court said allegedly took place in Washington DC and Nebraska. Mr Fortenberry was accused of lying to federal investigators about illegal foreign campaign donations to his re-election bid.
He was never charged with actually receiving said illegal donations. But he was accused of conspiracy to hide evidence and making false statements; he was convicted on both counts.
The former congressman and his wife thanked supporters and friends after the ruling on Tuesday. The court’s decision does not prevent DoJ prosecutors from bringing another case against him in Nebraska or Washington DC.
“We are gratified by the Ninth Circuit’s decision,” Mr 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.”
Justice Department officials in Washington refused to comment on the prospect of filing further charges against the former congressman. A spokesman for the US Attorney’s office in Los Angeles stated that it was a possibility.
“The ruling does not preclude a retrial on the charges that then-Congressman Fortenberry made multiple false statements to federal agents,” said Thom Mrozek, according to the AP. “We are evaluating potential next steps before deciding how best to move forward.”
Mr Fortenberry resigned from Congress in March of 2022 after his conviction by a jury. His voluntary departure from the House sharply contrasted with the escapades of George Santos, another Republican representative who became only the sixth person to be thrown out of the lower chamber after an Ethics Committee investigation concluded that there was significant evidence to indicate that Mr Santos had defrauded donors and even other members of Congress.
The illegal donations to Mr Fortenberry’s reelection campaign were funneled through straw donors from the accounts of Gilbert Chagoury, a Lebanese-Nigerian billionaire. According to the AP, prosecutors obtained phone recordings proving that Mr Fortenberry was warned that several donations he had received had been funneled through other channels but originated from Mr Chagoury.
Mr Chagoury pleaded guilty to making the donations in 2019, and paid a $1.8m fine.
