Current:Home > ScamsAppeals court tosses ex-Nebraska Rep. Jeff Fortenberry's conviction for lying to FBI-VaTradeCoin
Appeals court tosses ex-Nebraska Rep. Jeff Fortenberry's conviction for lying to FBI
lotradecoin features View Date:2025-01-12 16:25:51
A federal appeals court on Tuesday threw out the conviction of former Rep. Jeff Fortenberry of Nebraska for lying to the FBI about illegal contributions made to his reelection campaign, determining that he was tried in the wrong venue.
The Ninth Circuit Court of Appeals said in an opinion that Fortenberry should have been tried in Nebraska or Washington, D.C., where he made the alleged false statements to investigators and not in California, where his trial was held.
"Fortenberry's trial took place in a state where no charged crime was committed, and before a jury drawn from the vicinage of the federal agencies that investigated the defendant. The Constitution does not permit this. Fortenberry's convictions are reversed so that he may be retried, if at all, in a proper venue," U.S. District Judge James Donato wrote in a 23-page opinion.
A jury in 2022 found the Republican guilty of lying to federal authorities about an illegal $30,000 contribution to his campaign by a foreign national at a 2016 fundraiser in Los Angeles.
He was accused of lying during two interviews in 2019 with FBI agents who were looking into the illegal contributions and whether Fortenberry knew about them. The interviews occurred at Fortenberry's home in Nebraska and his lawyer's office in Washington.
As such, Fortenberry was not charged with violating election law but rather with lying to investigators. Donato noted in the decision that the district court had found that this type of violation could be tried "not only where a false statement is made but also where it has an effect on a federal investigation," but the appeals court said that "the Constitution plainly requires that a criminal defendant be tried in the place where the criminal conduct occurred."
Fortenberry, who resigned from Congress after the conviction, was sentenced to two years of probation and a $25,000 fine.
Fortenberry said in a statement that he and his wife were "gratified by the Ninth Circuit's decision."
"Celeste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship," he said.
The Justice Department did not immediately respond to a request for comment.
- In:
- United States Department of Justice
- FBI
Caitlin Yilek is a politics reporter at cbsnews.com and is based in Washington, D.C. She previously worked for the Washington Examiner and The Hill, and was a member of the 2022 Paul Miller Washington Reporting Fellowship with the National Press Foundation.
TwitterveryGood! (87)
Related
- 'Secret Level' creators talk new video game Amazon series, that Pac
- Fatal stabbing of Catholic priest in church rectory shocks small Nebraska community he served
- 'The Crown' Season 6, Part 2: Release date, cast, trailer, how to watch final episodes
- Hunter Biden pushes for dismissal of gun case, saying law violates the Second Amendment
- Gen Z is 'doom spending' its way through the holidays. What does that mean?
- Tensions between Congo and Rwanda heighten the risk of military confrontation, UN envoy says
- Bengals QB Joe Burrow gifts suite tickets to family of backup Jake Browning
- Voter turnout plunges below 30% in Hong Kong election after rules shut out pro-democracy candidates
- Travis Kelce Praises Taylor Swift For Making Eras Tour "Best In The World"
- Mexico’s president vows to eliminate regulatory, oversight agencies, claiming they are ‘useless’
Ranking
- ParkMobile $32.8 million settlement: How to join class
- Hilary Duff Pays Tribute to Lizzie McGuire Producer Stan Rogow After His Death
- Bengals QB Joe Burrow gifts suite tickets to family of backup Jake Browning
- 18 California children are suing the EPA over climate change
- Stock market today: Asian shares advance, tracking rally on Wall Street
- Miss Nicaragua pageant director announces her retirement after accusations of ‘conspiracy’
- Vanderpump Rules Season 11 Trailer Teases Another Shocking Hookup Scandal
- Raven-Symoné reveals her brother died of colon cancer: 'I love you, Blaize'
Recommendation
-
Dick Van Dyke credits neighbors with saving his life and home during Malibu fire
-
Heart of Hawaii’s historic Lahaina, burned in wildfire, reopens to residents and business owners
-
Brain sample from Maine gunman to be examined for injury related to Army Reserves
-
Aaron Rodgers spent days in total darkness and so did these people. But many say don't try it.
-
Atmospheric river and potential bomb cyclone bring chaotic winter weather to East Coast
-
Raven-Symoné Mourns Death of Brother Blaize Pearman After Colon Cancer Battle
-
Endangered species list grows by 2,000. Climate change is part of the problem
-
Ram, Infiniti, Ford among 188,000 vehicles recalled: Check car recalls here