Fortenberry Conviction Overturned

By Gordon HopkinsA federal appeals court has overturned the 2022 conviction of former U.S. Nebraska Representative Jeff Fortenberry for lying to the FBI (Federal Bureau of Investigation).A jury deliberated for approximately two hours before declaring the nine-term Congressman guilty of three charges: one count of scheming to falsify and conceal material facts and two counts of making false statements to federal investigators, stemming from an investigation into $30,000 in illegal contributions to Fortenberry’s re-election campaign made by a foreign billionaire in early 2016.Fortenberry was found guilty on all counts in a Los Angeles courtroom on Thursday, March 24, 2022, which forms the basis for the appellate decision. According to the U.S. Court of Appeals for the Ninth Circuit, the trial venue of Los Angeles, California, was improper because Fortenberry allegedly made the false statements in question during interviews with federal agents at his home in Lincoln, and in his lawyer’s office in Washington, D.C.. The appeals decision reads, in part,“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, first announced in 2021 that he was being investigated by the FBI (Federal Bureau of Investigation) by posting a video posted on the video-sharing website, YouTube, sitting in a 1963 Ford pickup along with his wife, Celeste Fortenberry, and his dog, Pippin.According to a statement from the FBI released in 2021, “The indictment alleges that Fortenberry repeatedly lied to and misled authorities during a federal investigation into illegal contributions to Fortenberry’s re-election campaign made by a foreign billionaire in early 2016. Gilbert Chagoury, a foreign national prohibited by federal law from contributing to any U.S. elections, arranged for $30,000 of his money to be contributed through other individuals (conduits) to Fortenberry’s campaign during a fundraiser held in Los Angeles, according to the indictment.”It is illegal for foreign nationals to make contributions to a federal campaign.Prior to the trial, Fortenberry, a Republican, announced his intention to seek a 10th term in office. Fortenberry served in Congress from 2005 till his resignation in 2022. His seat was taken by then State Senator Mike Flood (District 19). Flood is the founder and CEO of Flood Communications, which owns KUTT, aka Ol' Red 99.5, licensed in Fairbury, and News Channel Nebraska (NCN). He served as Speaker of the Legislature from 2007 to 2013.While the appeals court decision reverses the former congressman's conviction, it does not preclude charges being brought again. The decision states, “Fortenberry’s convictions are reversed so that he may be retried, if at all, in a proper venue.”

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