ex-Rep. Jeff Fortenberry (R-Neb.) faces allegations of lying to the FBI about an illicit campaign donation, following a court overturning his earlier conviction.
A federal grand jury in Washington, D.C., indicted Fortenberry on Wednesday on two counts in connection with statements he gave during interviews about a foreign billionaire’s illegal $30,200 donation to his 2016 congressional campaign.
A jury in Los Angeles previously convicted him in 2022 following a federal investigation, but a federal appeals court overturned the case in late 2023, ruling Fortenberry was not tried in the proper venue.
Chad Kolton, a spokesperson for Fortenberry, argued the case should not have been retried after the 9th Circuit Court of Appeals “ruled so decisively” to reverse the conviction.
He added, "This case has highlighted overzealous prosecution from the initial days of the investigation, and retrying it in D.C. underscores the prosecutors’ vindictive focus on ruining a good man’s life." Kolton shared this in a statement with The Hill.
“Federal prosecutors should have better things to do than force a distinguished former public servant to incur massive additional legal costs despite already having resigned his office and performed his sentence from a conviction that was ultimately overturned,” he added.
Following the 2022 conviction, Fortenberry resigned from his seat and was sentenced to two years of probation, a $25,000 fine and 320 hours of community service.
The charges stem from statements Fortenberry made to authorities during the investigation of a $30,200 donation to his 2016 congressional campaign from Nigerian businessperson Gilbert Chagoury at a fundraising event in California.
U.S. federal election law prohibits foreign nationals from making contributions in support of any candidate for federal elected office.
When speaking with the FBI in his Nebraska residence and his attorney's office in D.C., Fortenberry asserted he was unaware of any illegal contributions to his campaign, according to the indictment.
However, court documents reveal the bureau had monitored an earlier phone call in which a cooperating witness informed Fortenberry that the Nigerian businessman was the likely source of the $30,200 donation.
Fortenberry now faces two charges — falsifying and concealing material facts and making false statements, according to the indictment.
The Hill has contacted the Justice Department for a response.
