Appeals Court Overturns Former Rep. Fortenberry's Conviction, Orders Retrial in Proper Venue

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ICARO Media Group
Politics
26/12/2023 20h41

In a significant development, an appeals court has thrown out former Representative Jeff Fortenberry's 2022 conviction for lying to federal investigators about illegal campaign donations. The court determined that the Nebraska Republican should never have been put on trial in Los Angeles, citing constitutional requirements for trials to be held in the jurisdiction where the criminal conduct occurred.

Judge James Donato, in his opinion, stated, "The Constitution plainly requires that a criminal defendant be tried in the place where the criminal conduct occurred." Accordingly, the court ordered a new trial for Fortenberry, reversing his previous conviction without prejudice to retrial in a proper venue.

The allegations against Fortenberry revolved around accusations of lying to federal agents during two separate interviews in 2019. The interviews took place at his home in Lincoln, Nebraska, and his lawyer's office in Washington, D.C. The charges stemmed from an illegal donation scheme that allegedly occurred during a Los Angeles fundraiser.

Prosecutors contended that Fortenberry misled the federal authorities by denying knowledge of a Nigerian billionaire's illicit $30,200 contribution to his campaign. The donation was allegedly made through three straw donors at the fundraiser.

In March 2022, Fortenberry was found guilty on one count of scheming to falsify and conceal material facts and two counts of making false statements. He was sentenced to two years of probation. Shortly after, he resigned from his position.

Fortenberry, throughout the legal proceedings, maintained that he was merely "confused" during the interviews conducted by the FBI.

In his letter of resignation, Fortenberry expressed resilience, quoting the poem "Do It Anyway," which featured the line, "What you spend years building, someone could destroy overnight. Build anyway."

The court's decision to overturn Fortenberry's conviction and order a new trial underscores the importance of adhering to constitutional requirements in criminal proceedings. The case will now be assigned to a proper venue, ensuring that justice is served in accordance with the law.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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