Appeals Court Reverses Conviction of Former Congressman Jeff Fortenberry

An appellate court has overturned the 2022 federal conviction of former Nebraska congressman Jeff Fortenberry, emphasizing that the Republican should not have been tried in Los Angeles. Fortenberry had been convicted in March 2022 on charges of providing false information to federal authorities regarding a $30,000 contribution to his campaign from a foreign billionaire during a 2016 fundraiser in Los Angeles.

The US Court of Appeals for the Ninth Circuit, in a unanimous decision, asserted that the trial venue was inappropriate as Fortenberry made the alleged false statements during interviews with federal agents in his home state of Nebraska and at his lawyer’s office in Washington, D.C. The ruling has effectively nullified the conviction, but it has left the door open for the possibility of a retrial.

The court rejected the government’s argument that Los Angeles was the proper venue because Fortenberry’s false statements were deemed to have affected the investigation into illegal campaign donations by Gilbert Chagoury, a Nigerian-born billionaire based in Paris. The appellate panel emphasized that the trial should have taken place where the statements were made, not where the consequences of those statements were felt.

“We are gratified by the Ninth Circuit’s decision,” Fortenberry expressed in a statement provided by his attorney. “Celeste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship.”

Notably, the charges against Fortenberry did not involve campaign finance allegations related to the 2016 fundraising event in Los Angeles. Instead, the focus was on accusations of lying during the investigation. The court’s ruling emphasizes that the case was tried in the wrong venue due to this distinction.

“The ruling does not preclude a retrial on the charges that then-Congressman Fortenberry made multiple false statements to federal agents,” noted Thom Mrozek, a spokesman for the US Attorney’s Office in Los Angeles. “We are evaluating potential next steps before deciding how best to move forward.”