Former Nebraska U.S. Rep. Jeff Fortenberry has had his Court Cites Venue felony conviction overturned by the 9th U.S. Circuit Court of Appeals. The conviction was related to charges of lying to FBI agents investigating foreign funds in congressional campaigns. The court ruled that the case should have been tried in either Nebraska or Washington, D.C., where the alleged offenses occurred, instead of Los Angeles.
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Court Cites Venue
The appeals court sided with Fortenberry’s appeal, stating that the venue for the trial should have been closer to where the crimes were committed. Fortenberry argued that he was not given the opportunity for a trial venue closer to the alleged offenses, a point the court acknowledged.
The core of Fortenberry’s appeal centered on the location of his trial, asserting that the moment when he allegedly lied or misled federal agents was the key element, making the location of the fundraising or the agents’ base irrelevant.
Fortenberry expressed gratitude for the court’s decision, and his family appreciated the support during this challenging time. The charges against him involved the investigation into campaign donations by Lebanese billionaire Gilbert Chagoury, with allegations of illegal contributions during a 2016 fundraiser in Los Angeles.
The court ruling criticized prosecutors for choosing California as the trial location, emphasizing that a trial should be held where the crime was committed. Fortenberry had been convicted in March, facing three felonies related to lying to investigators and concealing an illegal campaign donation. The court’s decision opens the possibility of a retrial in a different venue, a decision left to federal prosecutors.
The charges against Fortenberry originated from California-based FBI agents looking into campaign donations involving Chagoury, impacting several officials’ campaign finances, including former U.S. Rep. Lee Terry and former U.S. Transportation Secretary Ray LaHood. Fortenberry denied knowledge of illegal contributions during the trial, and the court’s decision could lead to further legal proceedings in a more appropriate venue.
