Court of Appeals overturns conviction of former Nebraska congressman

A federal appeals court the conviction was dismissed from former Rep. Jeff Fortenberry, a Nebraska Republican, on Tuesday on the grounds that his trial should never have been held in Los Angeles in the first place.

Mr. Fortenberry, 62, had been convicted by a jury in March 2022 on three felony charges related to lying to federal authorities about illegal campaign donations he received during a 2016 fundraiser in Los Angeles.

During interviews at his home in Nebraska and at his law office in Washington, D.C., he told federal investigators that he was unaware that $30,000 in donations came from a Lebanese Nigerian billionaire, Gilbert Chagoury. As a foreign citizen, he was ineligible to contribute to a U.S. candidate. But an FBI agent had previously listened to a telephone conversation in which a cooperating witness told the congressman about the source of the money.

In Tuesday’s opinion, a three-judge panel ruled that Mr. Fortenberry should not have been tried in Los Angeles because of his statements about campaign contributions to federal agents in Nebraska and Washington, D.C. Mr. Fortenberry was charged and convicted of making false statements, not of receiving the illegal contributions.

“The Constitution clearly requires that a criminal defendant be tried in the place where the criminal conduct occurred,” Judge James Donato wrote on behalf of the U.S. Court of Appeals for the Ninth Circuit.

The court said Mr Fortenberry could be retried at a suitable location.

Thom Mrozek, spokesman for the U.S. Attorney’s Office in Los Angeles, said in a statement that a new trial was possible.

“We are evaluating possible next steps before deciding how best to proceed,” he said.

In a statement released by his attorney, Mr. Fortenberry said on behalf of himself and his wife: “We are pleased with the Ninth Circuit’s decision. Celeste and I would like to thank everyone who has supported and supported us with their kindness and friendship.”

Mr. Fortenberry, who was first elected to Congress in 2004, resigned days after his conviction. He was urged to do so by Nebraska’s Republican governor and by colleagues from both parties, including Representative Kevin McCarthy, who was the minority leader, and Representative Nancy Pelosi, who was the Speaker of the House of Representatives.

In June 2022, Mr. Fortenberry was sentenced to two years of probation and ordered to pay a $25,000 fine and perform 320 hours of community service.

The Nigerian billionaire in question, Gilbert Chagoury, has paid $1.8 million in fines to the US government for making improper donations to various campaigns.