Ex-GOP Rep. Jeff Fortenberry gets probation for lying to feds
OMAHA, Neb.— Former Republican U.S. Rep. Jeff Fortenberry of Nebraska was sentenced Tuesday to two years of probation, a $25,000 fine and community service for lying to federal authorities about an illegal campaign contribution, on the same day that voters in his district were deciding on his replacement in a special election.
Fortenberry, 61, sat quietly as a federal judge read the sentence in a Los Angeles courtroom. The former congressman resigned in March shortly after a California jury found him guilty in the corruption case. He has maintained his innocence and said he plans to appeal.
Fortenberry chose not to address the court. Judge Stanley Blumenfeld Jr. said Fortenberry “turned a blind eye and a deaf ear” to indications that the source of his donations was illicit.
“Mr. Fortenberry chose the wrong path,” Blumenfeld said. “He decided to respond with dishonesty rather than honesty, and lying, especially in this context, is certainly a serious matter.”
But the judge said he was convinced that Fortenberry's actions were not representative of how he normally behaves. He said Fortenberry was generally “a man of exceptional character," a view shared even by prosecution witnesses. When Blumenfeld wished him luck, Fortenberry said, “Thank you.”
Fortenberry later said he planned to appeal, arguing that prosecutors never should have brought the case and accusing them of taking advantage of his trust.
“This has been very traumatic and we've got a way to go,” he said outside the courthouse after the sentencing. “But I am grateful that ... the judge recognized that the pattern of what I wanted to do with my life was simply to serve in public office and to try to help people.”
Fortenberry said he had been anxious about the hearing's outcome. Gesturing to his surroundings in downtown Los Angeles, he said, “We're in a very strange place. It's not Nebraska.”
Prosecutors were seeking six months in prison for Fortenberry, while his attorneys had requested probation. Assistant U.S. Attorney Mack Jenkins said prosecutors disagreed with the decision not to impose prison time, but noted the judge’s comments endorsing the jury’s decision.
In delivering the sentence, which includes 320 hours community service, Blumenfeld cited cases of more significant public corruption that led to prison sentences of about a year. He said he didn’t think incarceration would serve a purpose in this case.
After the sentencing, Fortenberry approached the judge and spoke with him privately at the bench. Fortenberry said outside court that he thanked Blumenfeld for reading all the letters of support people sent and for noting his ambition in holding office.
The sentence was handed down as a special election was taking place to fill the rest of his term, which ends in January. Republican state Sen. Mike Flood faces a fellow legislator, Democrat Patty Pansing Brooks, in the GOP-leaning eastern Nebraska district.
Prosecutors alleged Fortenberry lied to federal agents multiple times about $30,000 in illegal campaign contributions he received from a Nigerian billionaire at a 2016 fundraiser in Los Angeles. Federal law prohibits donations from foreigners.
At his trial, prosecutors played phone recordings between Fortenberry and a donor-turned-informant, who warned the congressman that the donations had likely been funneled to him from Gilbert Chagoury, the Nigerian billionaire of Lebanese descent. Fortenberry’s attorneys later argued that he didn’t hear the warning due to bad cellphone reception.
In the special election, Flood appears to have a strong edge in the district, which includes Lincoln, parts of suburban Omaha and dozens of smaller, more conservative towns. The district has nearly 68,000 more Republicans than Democrats and hasn't elected a Democrat to Congress since 1964.
Republicans are also outpacing Democrats in early-ballot turnout for the special election, according to the Nebraska secretary of state's office. In most elections, early absentee votes tend to favor Democrats.
For voters, a switch from Fortenberry to Flood wouldn't make much difference in terms of policy. Both have described themselves as strong conservatives who support tax cuts and oppose abortion.
“I think it's fair to say that their votes would line up probably 90% of the time,” said Sam Fischer, a retired Republican campaign consultant.
Fischer said Flood, like Fortenberry, tends to be a behind-the-scenes player who's more interested in policy than seeking attention. Flood has played to this perception in campaign ads, describing himself as a “nerd" who will “get things done.”
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