Former GOP Rep Wins Appeal on Conviction for Making False Statements to the FBI

Former Rep. Jeff Fortenberry (R-NE) won his appeal to overturn his convictions that prompted his resignation from the House of Representatives last year.

A year ago, Fortenberry was found guilty on three felony counts for receiving illegal campaign donations from a foreign national, and then lying to the FBI to cover it up. The contributions were made during a 2016 fundraiser in Los Angeles, so he was tried in accordance with the venue of the illegal activity.

For months, Fortenberry and his legal team have argued it was improper of the Justice Department to try him in L.A., rather than in Nebraska or Washington D.C. where he made his false statements to the FBI.

On Tuesday, Judge James Donato of the 9th Circuit Court of Appeals released an opinion agreeing that the trial venue should’ve been based on where Fortenberry made his false statements, so his convictions for false statements have been thrown out and a new trial has been ordered.

From the opinion:

The Constitution plainly requires that a criminal defendant be tried in the place where the criminal conduct occurred. The district court determined, and the government urges on appeal, that a Section 1001 violation occurs not only where a false statement is made but also where it has an effect on a federal investigation. We conclude that an effects-based test for venue of a Section 1001 offense has no support in the Constitution, the text of the statute, or historical practice. Consequently, we reverse Fortenberry’s conviction without prejudice to retrial in a proper venue.