Jeff Fortenberry:1A New Conviction is Overturned An Appeals Court Now.
On Tuesday, the Ninth Circuit decided that the former congressman from Nebraska should not have been put on trial in Los Angeles.
On Tuesday, a federal appeals court reversed the federal conviction of the former congressman from Nebraska, Jeff Fortenberry, citing a violation of his right to due process in having his case tried in California over purported foreign campaign contributions.
The nine-term Republican should not have been tried in Los Angeles, according to a ruling released on Tuesday by three judges of the U.S. Ninth Circuit Court of Appeals in San Francisco.
Jeff Fortenberry:1A New Conviction is Overturned An Appeals Court Now.
This is because the specific crimes for which he was charged happened in Washington, D.C., and Nebraska. The panel also disregarded the prosecution’s claims that criminal activity also takes place when it affects a federal research.
After a Los Angeles jury found him guilty of lying to federal authorities about receiving an illegal campaign contribution from a foreign national, Fortenberry resigned from his position in Congress in March 2022.
Fortenberry was under pressure to resign from both the leadership of Congress and Pete Ricketts, the governor of Nebraska at the time.
Jeff Fortenberry:1A New Conviction is Overturned An Appeals Court Now.
Tuesday’s choice was applauded by Fortenberry and his spouse. Fortenberry expressed his gratitude to the Ninth Circuit’s ruling in a statement to The Associated Press, adding, “Celeste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship.”
According to a spokesman for the Justice Department, the ruling might permit a new trial.
“A retrial on the allegations that Congressman Fortenberry made numerous false statements to federal agents is not precluded by the ruling,”
A spokesman for the Los Angeles U.S. attorney’s office, Thom Mrozek, stated in a statement. “Before determining the best course of action, we are assessing potential next steps.”
Jeff Fortenberry:1A New Conviction is Overturned An Appeals Court Now.
At a 2016 Los Angeles fundraiser, Gilbert Chagoury, a businessman of Nigerian and Lebanese descent who resides in Paris, is accused by federal prosecutors of using strawman donors to give Fortenberry a $30,000 campaign contribution.
Elias Ayoub, the fundraiser’s organizer, volunteered to work as an FBI cooperating witness and disclosed the source of the funds to Fortenberry in a 2018 phone conversation that was recorded by detectives.
However, when federal investigators in Nebraska and Washington, D.C. approached Fortenberry in 2019, he denied knowing about any foreign campaign contributions.
Jeff Fortenberry:1A New Conviction is Overturned An Appeals Court Now.
Fortenberry was charged in 2021 with lying to investigators and plotting to fabricate information and keep important facts hidden.
Although the Nebraska lawmaker was never charged with receiving illegal contributions, federal prosecutors insisted on trying him in Los Angeles because that is where the illegal contributions were made.
Fortenberry was fined $25,000 and given a two-year probationary period.
The Ninth Circuit’s decision wasn’t wholly unexpected. One of the three judges considering Fortenberry’s case and the author of Tuesday’s decision, Judge James Donato, expressed his support for the legislator’s claims during oral arguments in July that the Justice Department had violated his rights by having him tried in Los Angeles.
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