Key takeaways:
- The 9th U.S. Circuit Court of Appeals overturned the conviction of former Nebraska Congressman Jeff Fortenberry for lying to federal authorities about an illegal campaign contribution.
- The court noted that Fortenberry had made false statements to federal agents at his home in Lincoln, Nebraska, and in his lawyer’s office in Washington, D.C.
- The appeals court’s decision is a reminder of the importance of ensuring that criminal trials are held in the proper venue and that defendants have the right to be tried in the state where the alleged crime was committed.
A federal appeals court on Tuesday overturned the conviction of former Nebraska Congressman Jeff Fortenberry for lying to federal authorities about an illegal campaign contribution. The 9th U.S. Circuit Court of Appeals, based in San Francisco, ruled that Fortenberry’s trial should not have taken place in Los Angeles, as the crime was not committed in that state.
The court noted that Fortenberry had made false statements to federal agents at his home in Lincoln, Nebraska, and in his lawyer’s office in Washington, D.C. The appeals court said that Fortenberry should have been tried in either of those two locations, and not in California.
The court’s opinion stated 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.” As a result, the court reversed Fortenberry’s conviction, allowing him to be retried in a proper venue.
Fortenberry, a Republican, served in the U.S. House of Representatives from 2005 to 2021. He was convicted in 2019 of making false statements to the FBI about a campaign contribution.
The appeals court’s decision to reverse Fortenberry’s conviction is a reminder of the importance of ensuring that criminal trials are held in the proper venue. It also serves as a reminder that defendants have the right to be tried in the state where the alleged crime was committed.
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