Ex-Nebraska congressman's conviction for lying to authorities is overturned

[useapen]

Dec 26 (Reuters) - A federal appeals court on Tuesday overturned the
conviction of former Nebraska congressman Jeff Fortenberry for lying to
authorities investigating illegal contributions to his 2016 reelection
campaign, saying his trial was held in the wrong place.

The 9th U.S. Circuit Court of Appeals said Fortenberry should not have
been tried in Los Angeles, where the Republican's campaign allegedly
received $30,000 from Lebanese-Nigerian billionaire Gilbert Chagoury, just
because federal agents who later interviewed him about the money worked
there.

Writing for a three-judge panel, Judge James Donato said the U.S.
Department of Justice could seek a new trial in Nebraska or Washington,
D.C., where Fortenberry denied knowing about illegal contributions.

Prosecutors said Chagoury donated the $30,000 through "straw donors" who
attended a campaign fundraiser for Fortenberry in Los Angeles. Federal law
prohibits foreign nationals from contributing to campaigns for federal,
state and local offices.

Donato, a district judge who normally works in San Francisco, said the
trial did not belong in California just because Fortenberry's alleged
false statements affected investigators there.

"This outlandish outcome cannot be squared with the Constitution," Donato
wrote for the appeals court, which heard the case in Pasadena, California.

A spokesperson for U.S. Attorney Martin Estrada in Los Angeles in a
statement noted the prospect for a retrial, and added: "We are evaluating
potential next steps before deciding how best to move forward."

Fortenberry, who turns 63 on Wednesday, represented Nebraska's 1st
congressional district for 17 years before his March 2022 conviction on
two counts of making false statements and one count of scheming to conceal
material facts.

He resigned from Congress that month, and was sentenced in June 2022 to
two years of probation and 320 hours of community service.

"We are gratified by the Ninth Circuit's decision," Fortenberry said in a
statement, citing his wife. "Celeste and I would like to thank everyone
who has stood by us and supported us with their kindness and friendship."

Chagoury paid a $1.8 million fine in December 2019 to resolve a Justice
Department probe that he illegally conspired to donate $180,000 to four
candidates in federal elections.

The case is U.S. v. Fortenberry, 9th U.S. Circuit Court of Appeals, No.
22-50144.

https://www.reuters.com/legal/ex-nebraska-congressmans-conviction-lying-
authorities-is-overturned-2023-12-26/