Appeals court tosses ex-Nebraska Rep. Jeff Fortenberry’s conviction for lying to FBI

The conviction of former Rep. Jeff Fortenberry of Nebraska for lying to the FBI was thrown out by a federal appeals court on Tuesday. The court determined that his trial was held in the wrong venue.

According to the Ninth Circuit Court of Appeals, Fortenberry should have been tried in Nebraska or Washington, D.C., where he made the alleged false statements to investigators, rather than in California where his trial took place.

U.S. District Judge James Donato stated in a 23-page opinion that “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.”

Fortenberry was accused of lying during interviews in 2019 with FBI agents looking into illegal contributions to his reelection campaign and whether he was aware of them. The interviews took place at Fortenberry’s home in Nebraska and his lawyer’s office in Washington.

In response, Fortenberry was not charged with violating election law, but rather with lying to investigators. 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.” However, the appeals court stated that “the Constitution plainly requires that a criminal defendant be tried in the place where the criminal conduct occurred.”

After resigning from Congress, Fortenberry was sentenced to two years of probation and a $25,000 fine. He expressed gratitude for the Ninth Circuit’s decision and thanked those who supported him and his wife.

The Justice Department did not immediately respond to a request for comment.