Flanked by his wife, trailed by a priest, a former staffer and five of his attorneys, Jeff Fortenberry descended a hill outside the federal courthouse downtown.
Fortenberry
It was a much different place, and a much different vibe, than just three months ago, when Fortenberry defiantly strode into that courthouse to challenge charges that he lied to federal agents investigating the injection of foreign money into his campaign.
For one, the courthouse — with its L.A. courtyard nouveau design, complete with gleaming glass and babbling brook water features — had transformed into a fortress. An imposing green fence — akin to those surrounding a construction zone or a jail’s exercise area — lined its perimeter, erected to keep abortion-rights protesters out and courtgoers in.
For another, Fortenberry entered through the makeshift gate a convicted felon. Three times over. He faced up to five years of prison or five years of probation on each count.
Andy Braner, Fortenberry’s former chief of staff, kept his chin lowered as he followed his one-time boss through metal detectors. Asked how he was doing, Braner said: “It’s the worst. It doesn’t get any worse.”
As it turns out, it could have.
U.S. District Judge Stanley Blumenfeld declined to give Fortenberry prison time.
Instead, Blumenfeld gave the 61-year-old former congressman two years of probation, a $25,000 fine and 320 hours of community service. And a bit of a tongue lashing.
Former Rep. Jeff Fortenberry arrives at the federal courthouse in Los Angeles on Tuesday with his wife, Celeste, and his attorneys.
TODD COOPER, THE WORLD-HERALD
“What is clear is that Mr. Fortenberry turned a blind eye and a deaf ear to the information he was clearly provided,” Blumenfeld said. “The evidence clearly supports the finding by the jury that Mr. Fortenberry was not blind and he was not deaf … He chose the wrong path. He decided to respond with dishonesty rather than honesty. And lying, especially in this context, is certainly a serious matter.”
Prosecutor Mack Jenkins, an assistant U.S. attorney, said it’s so serious that it deserved six months in prison.
Jenkins urged the judge to reconsider the probation sentence, noting that Fortenberry lied to federal agents about his relationship with Dr. Eli Ayoub, a former Creighton doctor who held a dirty fundraiser for him in an LA suburb in February 2016. Then, he lied again when Jenkins himself met with Fortenberry and an attorney. During that interview, Fortenberry asserted that he knew Federal Election Commission regulations backward and forward — and denied that Ayoub had ever told him that the money he received was cash funneled through a Nigerian billionaire.
Without prison, Jenkins told the judge, other elected officials won’t be deterred.
“Fortenberry had choice after choice after choice to live up to his oath,” Jenkins said. “Each time, he chose the wrong way.”
Blumenfeld said he appreciated the need for deterrence. However, an analysis of the past three years showed that more than 80% of federal defendants of the same age and with the same education as Fortenberry have received probation for the same class of crimes, the defense said.
And the judge argued: “I find it difficult to believe that anyone fully familiar with the facts of this case will think that it’s worth taking the risk that Mr. Fortenberry took here.”
Blumenfeld said he also had to consider Fortenberry’s conduct against his overall character. Fortenberry’s defense team submitted 64 letters on his behalf. Of them, Blumenfeld said he found the letters from Fortenberry’s wife, Celeste, and his five daughters particularly compelling.
“By all accounts, one thing that every witness impressed upon … is that he is a person of good, honest, moral character,” Blumenfeld said. “Even (a Democratic congresswoman) testified that Fortenberry is a man whose word can be counted upon and is generally trusted in the halls of a place where trust is not always something that can be relied upon.
“This does not mean that the path he took was appropriate or that the court is in any way condoning it. It simply is measuring the conduct in the context of his history and his characteristics.”
Even without prison, it was an incredible fall from grace for Fortenberry, a 17-year Republican representative from Lincoln whom a staffer once described as America’s “last great statesman.”
Now, Fortenberry will go down in history as Nebraska’s first felonious congressman.
He had faced up to 15 years in prison after a jury swiftly convicted him in March of two counts of lying and one count of concealing the source of illegal campaign donations. A Nigerian billionaire had steered $30,000 in cash to Fortenberry’s campaign at a fundraiser in suburban Los Angeles. It is illegal for foreigners to donate to U.S. politicians.
Despite several warnings that the money was dirty, Fortenberry didn’t disgorge it from his campaign until 40 months later.
Fortenberry declined to address the judge in court but asked to address him afterward. Observers couldn’t hear what Fortenberry said, but Blumenfeld told the courtroom that Fortenberry thanked him for reading the 64 letters submitted in support.
“All I wanted to do was serve my country,” Fortenberry said, according to the judge.
Former Republican Rep. Jeff Fortenberry of Nebraska and his wife, Celeste, talk to reporters Tuesday outside the federal courthouse in Los Angeles.
THE ASSOCIATED PRESS
Post sentencing, Fortenberry walked outside holding his wife’s hand. He called the whole ordeal, including his resignation from Congress, “traumatic.” Asked if he had slept the night before, Fortenberry chuckled and searched for his words.
“We slept like a baby,” Celeste Fortenberry chimed in. “When you have a clean conscience, you sleep well.”
Randall Adkins, a University of Nebraska at Omaha political science professor, said Tuesday was historic. In Nebraska’s 155-year history, Fortenberry is the only federally elected official to be convicted of a felony, let alone three of them.
The only similar case in the state’s 155-year history was the 1985 perjury conviction of a Nebraska attorney general who tried to cover up his dealings with an insolvent bank.
“His legacy is one of scandal,” Adkins said of Fortenberry. “The thing I think that’s dangerous about that is this: We’re in a time where trust in elected officials is at an all-time low. If that’s how we remember a member of Congress, it doesn’t bode well for our future.”
The future is clear for Fortenberry. He vowed to appeal, though overturning a jury verdict is the longest of long shots, especially in federal court.
Both the sentencing hearing and eve-of-trial briefs revealed some new nuggets about U.S. vs. Fortenberry:
Fortenberry
It was a much different place, and a much different vibe, than just three months ago, when Fortenberry defiantly strode into that courthouse to challenge charges that he lied to federal agents investigating the injection of foreign money into his campaign.
For one, the courthouse — with its L.A. courtyard nouveau design, complete with gleaming glass and babbling brook water features — had transformed into a fortress. An imposing green fence — akin to those surrounding a construction zone or a jail’s exercise area — lined its perimeter, erected to keep abortion-rights protesters out and courtgoers in.
For another, Fortenberry entered through the makeshift gate a convicted felon. Three times over. He faced up to five years of prison or five years of probation on each count.
Andy Braner, Fortenberry’s former chief of staff, kept his chin lowered as he followed his one-time boss through metal detectors. Asked how he was doing, Braner said: “It’s the worst. It doesn’t get any worse.”
As it turns out, it could have.
U.S. District Judge Stanley Blumenfeld declined to give Fortenberry prison time.
Instead, Blumenfeld gave the 61-year-old former congressman two years of probation, a $25,000 fine and 320 hours of community service. And a bit of a tongue lashing.
Former Rep. Jeff Fortenberry arrives at the federal courthouse in Los Angeles on Tuesday with his wife, Celeste, and his attorneys.
TODD COOPER, THE WORLD-HERALD
“What is clear is that Mr. Fortenberry turned a blind eye and a deaf ear to the information he was clearly provided,” Blumenfeld said. “The evidence clearly supports the finding by the jury that Mr. Fortenberry was not blind and he was not deaf … He chose the wrong path. He decided to respond with dishonesty rather than honesty. And lying, especially in this context, is certainly a serious matter.”
Prosecutor Mack Jenkins, an assistant U.S. attorney, said it’s so serious that it deserved six months in prison.
Jenkins urged the judge to reconsider the probation sentence, noting that Fortenberry lied to federal agents about his relationship with Dr. Eli Ayoub, a former Creighton doctor who held a dirty fundraiser for him in an LA suburb in February 2016. Then, he lied again when Jenkins himself met with Fortenberry and an attorney. During that interview, Fortenberry asserted that he knew Federal Election Commission regulations backward and forward — and denied that Ayoub had ever told him that the money he received was cash funneled through a Nigerian billionaire.
Without prison, Jenkins told the judge, other elected officials won’t be deterred.
“Fortenberry had choice after choice after choice to live up to his oath,” Jenkins said. “Each time, he chose the wrong way.”
Blumenfeld said he appreciated the need for deterrence. However, an analysis of the past three years showed that more than 80% of federal defendants of the same age and with the same education as Fortenberry have received probation for the same class of crimes, the defense said.
And the judge argued: “I find it difficult to believe that anyone fully familiar with the facts of this case will think that it’s worth taking the risk that Mr. Fortenberry took here.”
Blumenfeld said he also had to consider Fortenberry’s conduct against his overall character. Fortenberry’s defense team submitted 64 letters on his behalf. Of them, Blumenfeld said he found the letters from Fortenberry’s wife, Celeste, and his five daughters particularly compelling.
“By all accounts, one thing that every witness impressed upon … is that he is a person of good, honest, moral character,” Blumenfeld said. “Even (a Democratic congresswoman) testified that Fortenberry is a man whose word can be counted upon and is generally trusted in the halls of a place where trust is not always something that can be relied upon.
“This does not mean that the path he took was appropriate or that the court is in any way condoning it. It simply is measuring the conduct in the context of his history and his characteristics.”
Even without prison, it was an incredible fall from grace for Fortenberry, a 17-year Republican representative from Lincoln whom a staffer once described as America’s “last great statesman.”
Now, Fortenberry will go down in history as Nebraska’s first felonious congressman.
He had faced up to 15 years in prison after a jury swiftly convicted him in March of two counts of lying and one count of concealing the source of illegal campaign donations. A Nigerian billionaire had steered $30,000 in cash to Fortenberry’s campaign at a fundraiser in suburban Los Angeles. It is illegal for foreigners to donate to U.S. politicians.
Despite several warnings that the money was dirty, Fortenberry didn’t disgorge it from his campaign until 40 months later.
Fortenberry declined to address the judge in court but asked to address him afterward. Observers couldn’t hear what Fortenberry said, but Blumenfeld told the courtroom that Fortenberry thanked him for reading the 64 letters submitted in support.
“All I wanted to do was serve my country,” Fortenberry said, according to the judge.
Former Republican Rep. Jeff Fortenberry of Nebraska and his wife, Celeste, talk to reporters Tuesday outside the federal courthouse in Los Angeles.
THE ASSOCIATED PRESS
Post sentencing, Fortenberry walked outside holding his wife’s hand. He called the whole ordeal, including his resignation from Congress, “traumatic.” Asked if he had slept the night before, Fortenberry chuckled and searched for his words.
“We slept like a baby,” Celeste Fortenberry chimed in. “When you have a clean conscience, you sleep well.”
Randall Adkins, a University of Nebraska at Omaha political science professor, said Tuesday was historic. In Nebraska’s 155-year history, Fortenberry is the only federally elected official to be convicted of a felony, let alone three of them.
The only similar case in the state’s 155-year history was the 1985 perjury conviction of a Nebraska attorney general who tried to cover up his dealings with an insolvent bank.
“His legacy is one of scandal,” Adkins said of Fortenberry. “The thing I think that’s dangerous about that is this: We’re in a time where trust in elected officials is at an all-time low. If that’s how we remember a member of Congress, it doesn’t bode well for our future.”
The future is clear for Fortenberry. He vowed to appeal, though overturning a jury verdict is the longest of long shots, especially in federal court.
Both the sentencing hearing and eve-of-trial briefs revealed some new nuggets about U.S. vs. Fortenberry:
Jeff Fortenberry sentenced to probation for lying to federal agents
Tuesday, a judge sentenced the 61-year-old former congressman to two years of probation on convictions that he lied to federal agents about dirty money.
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