A federal jury on Thursday found Rep. Jeff Fortenberry (R-Neb.) guilty of three felonies for lying to and misleading the FBI about his knowledge of campaign donations made with funds from a foreign national.
The jury returned the verdicts after less than three hours of deliberations after a weeklong trial in Los Angeles, The Associated Press reported. Fortenberry faces a possible prison sentence of up to five years on each count, as well as fines.
“This is important to Nebraska,“ Fortenberry said after the conviction. Speaking beside two of his daughters, and his wife, Fortenberry read a text from his other daughter, who he said was out of state. He said his phone was going off with “beautiful messages,“ and he called his wife his “heroine.“
“She said, ‘I love you, Daddy, no matter what anyone accuses you of. Just remember so many other people do too,‘“ Fortenberry said, reading the text from his daughter. “And you’ll hear my phone continuing to go off all through this. I’m getting so many beautiful messages from people literally all around the world, praying for us and pulling for us.“
Prosecutors said Fortenberry lied to investigators when he denied knowing that Gilbert Chagoury, a wealthy Lebanese-Nigerian businessman who lives in France, donated about $30,000 to his campaign through intermediaries at a 2016 fundraiser in Glendale, Calif.
Fortenberry’s defense argued that he might have been distracted or had a poor phone connection when the organizer of that fundraiser, Elias Ayoub, told him about the source of the funds in a 2018 phone call. The congressman did not take the stand in his own defense.
“Today’s conviction highlights the FBI’s commitment to holding elected officials accountable,” Kristi Johnson, the assistant director in charge of the FBI’s Los Angeles Field Office, said in a statement. “The verdict emphasizes the importance of being truthful to law enforcement and demonstrates the government’s dedication to keeping the nation’s interests free from foreign influence through illegal campaign contributions.”
A Democratic colleague of Fortenberry’s, Rep. Anna Eshoo of California, testified on his behalf on Wednesday, telling jurors she considered him “honest” and “honorable.” Fortenberry’s wife, Celeste, also testified, explaining that her husband had a busy schedule and that she might not have been listening closely when Ayoub mentioned that the money came from Chagoury.
At the time Ayoub made the call, he had already been approached by the FBI and was working with the bureau. In fact, the FBI asked Ayoub to contact Fortenberry and recorded the conversation.
FBI agents went to Fortenberry’s home in early 2019 and secretly videotaped the congressman as they questioned him about his knowledge of the fundraising. He denied knowing about foreign money or straw donations, but did say Ayoub said something worrying that led the lawmaker to cut the conversations short.
About three months later, Fortenberry and his attorney at the time, former Rep. Trey Gowdy (R-S.C.), met in Washington with the FBI and federal prosecutors. Fortenberry repeated essentially the same denials, prosecutors said.
Gowdy also testified at the trial about his interactions with prosecutors.
Fortenberry’s defense said the prosecution’s tactics in the case amounted to essentially generating a crime by having an informant tell the congressman something and then testing Fortenberry to see whether he denied it. But prosecutors said the tactics were a legitimate way to assess whether Fortenberry had independent knowledge of the source of the funds.
“We always felt like it was going to be hard to have a fair process here,“ Fortenberry said on Thursday. “So this appeal starts immediately.“
Fortenberry was indicted in October on two charges of making false statements and one count of scheming to deceive federal agencies.
He was not charged with any campaign finance violation or with knowing about the foreign-funded or conduit donations at the time of the 2016 fundraiser.
His attorneys tried to get the case transferred from Los Angeles to Nebraska, but U.S. District Court Judge Stanley Blumenfeld Jr. denied the change of venue.
Chagoury and the people who acted as straw donors were actively advocating with Fortenberry on behalf of Christian minorities in the Middle East.
Chagoury, who is not a U.S. citizen, admitted to making a total of $180,000 in donations to several U.S. candidates and agreed to pay a $1.8 million penalty. He entered into a deferred prosecution agreement that allows him to avoid further punishment if he abides by the deal.
Ayoub was not charged in exchange for his cooperation with prosecutors.
Fortenberry is the first member of Congress to be convicted while in office since Rep. Chaka Fattah Sr. (D-Pa.) was found guilty of corruption charges in 2016.
Fortenberry’s conviction could mark the end of the nine-term Republican’s political career. A Nebraska congressman with little name recognition outside of his state, he would still be eligible to run for and serve in Congress as a felon, though a resignation is likely, given the threat of expulsion.
Fortenberry on Thursday said that “we’re going to spend some time as a family, and that’s what we’re doing right now“ when asked whether he was continuing his campaign.
Blumenfeld allowed Fortenberry to remain on release pending sentencing, which was set for June 28, the AP reported. Typically, criminal defendants in federal court cannot appeal until the conviction becomes final at sentencing.
In a January video filmed in his Ford F-150 truck, sitting beside his wife and dog, Fortenberry announced his plans to run for reelection. He didn’t acknowledge his ongoing legal battle, which divided Nebraska Republicans and damaged his reputation in the state.
After years of reliable reelections, many of Nebraska’s prominent Republicans have moved their support to state Sen. Mike Flood, who jumped into the race in the state’s 1st Congressional District amid concerns that Fortenberry’s conviction could cost the party a GOP seat.
The district includes a stretch of rural eastern Nebraska but also captures liberal-leaning Lincoln. Progressive state Sen. Patty Pansing Brooks is likely to win the Democratic nomination for the district.
