LOS ANGELES (AP) 鈥 An appellate court on Tuesday reversed a 2022 federal conviction against former Rep. Jeff Fortenberry of Nebraska, ruling that he should not have been tried in Los Angeles.
Fortenberry was convicted in March 2022 on charges that he lied to federal authorities about an from a foreign billionaire at a 2016 Los Angeles fundraiser. He following pressure from congressional leaders and Nebraska鈥檚 GOP governor.
In its Tuesday ruling, the U.S. Court of Appeals for the Ninth Circuit wrote that the trial venue of Los Angeles was improper because Fortenberry with federal agents at his home in Lincoln, Nebraska, and in his lawyer鈥檚 office in Washington.
鈥淔ortenberry鈥檚 convictions are reversed so that he may be retried, if at all, in a proper venue,鈥 the decision said.
found the nine-term Republican guilty of concealing information and two counts of making false statements to authorities. He vowed to appeal from the courthouse steps.
Fortenberry and his wife, Celeste Fortenberry, praised the court鈥檚 decision.
鈥淲e are gratified by the Ninth Circuit鈥檚 decision,鈥 Jeff Fortenberry said in a statement. 鈥淐eleste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship.鈥
Thom Mrozek, a spokesperson for the U.S. Attorney鈥檚 Office in Los Angeles, noted that the appellate court left a path open for future proceedings against Fortenberry.
鈥淭he ruling does not preclude a retrial on the charges that then-Congressman Fortenberry made multiple false statements to federal agents," Mrozek said in a statement. "We are evaluating potential next steps before deciding how best to move forward.鈥
Patricia Hartman, a spokesperson for the U.S. Attorney鈥檚 Office for the District of Columbia, declined to comment on the ruling鈥檚 potential impact for federal prosecutors in Washington.
鈥淲e cannot comment on matters where we don鈥檛 have charges filed,鈥 she said in an email Tuesday.
A spokesperson for the U.S. Attorney鈥檚 Office in Nebraska did not immediately return a phone message.
Fortenberry was charged after denying to the FBI that he was aware he had received illicit funds from Gilbert Chagoury, a Nigerian billionaire of Lebanese descent.
At trial, prosecutors presented recorded phone conversations in which Fortenberry was repeatedly warned that the contributions came from Gilbert Chagoury, a Nigerian billionaire of Lebanese descent. The donations were funneled through three strawmen at the 2016 fundraiser in Los Angeles.
The case stemmed from an FBI investigation into $180,000 in illegal campaign contributions to four campaigns from Chagoury, who lived in Paris at the time. Chagoury admitted to the crime in 2019 and agreed to pay a $1.8 million fine.
It was the first trial of a sitting congressman since Rep. Jim Traficant, D-Ohio, was convicted of bribery and other felony charges in 2002.
