Federal prosecutors in Washington, D.C., have filed new charges against former Nebraska Rep. Jeffrey Fortenberry after his conviction in a campaign finance case was overturned due to being tried in the wrong venue. The Ninth Circuit Court of Appeals ruled that Fortenberry’s trial in California was inappropriate because no crime had been committed there, leading to the decision to retry him in a proper venue. The new indictment in Washington, D.C., accuses Fortenberry of concealing illegal foreign and conduit contributions to his reelection campaign.
Jeffrey Fortenberry, who had been a Republican congressman since 2005, resigned from office two days after his conviction in March 2022. His spokesperson criticized the Biden/Garland Justice Department for pursuing multiple trials against Fortenberry, stating that the case should never have been brought in the first place and should not have been pursued again after the Ninth Circuit Court of Appeals ruled in his favor. The new indictment accuses Fortenberry of knowingly concealing and not reporting an illegal $30,000 contribution to his campaign by Nigerian billionaire Gilbert Chagoury at a fundraiser in Los Angeles in 2016.
Federal campaigns are required to report all donations over $50 to the Federal Election Commission, and foreign donations to federal campaigns are illegal. The California jury that convicted Fortenberry in 2022 found him guilty of lying to federal authorities about the illegal contribution. The prosecutors in the new indictment reiterated these accusations, stating that Fortenberry accepted the donation through third parties, did not report or return it, and concealed information about the scheme while making false and misleading statements to federal investigators. Fortenberry only disclosed the contributions after being interviewed by federal investigators in July 2019.
The new charges against Fortenberry come after his conviction was overturned by the Ninth Circuit Court of Appeals, which deemed his trial in California as taking place in the wrong venue. The court ruled that no crime had been committed in California, leading to the decision to retry Fortenberry in a proper venue. The federal grand jury indictment in Washington, D.C., accuses Fortenberry of a scheme to conceal illegal foreign and conduit contributions to his campaign, which he allegedly accepted and did not report in violation of federal election laws.
Fortenberry’s resignation from office following his conviction in March 2022 has not stopped federal prosecutors from pursuing new charges against him in Washington, D.C. The new indictment accuses him of lying to federal authorities about illegal campaign contributions and concealing information about the scheme. Fortenberry’s spokesperson criticized the Justice Department for continuing to prosecute him, despite the Ninth Circuit Court of Appeals ruling in his favor. The case highlights the legal complexities surrounding campaign finance laws and the consequences of violating them.