A federal appellate panel in the United States has reversed the conviction of former congressman Jeff Fortenberry over illegal campaign funds he received from controversial Nigerian-Lebanese businessman Gilbert Chagoury. 

The appeals court, in a decision announced Tuesday, said Mr Fortenberry was tried at the wrong location and vacated his conviction. The panel, however, said the Federal Bureau of Investigation, which secured the conviction based on claims that the politician lied to agents, may file charges afresh at the appropriate jurisdiction. 

Mr 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,” said James Donato, a district court judge who was designated to hear the appeal. “The Constitution does not permit this. Fortenberry’s convictions are reversed so that he may be retried, if at all, in a proper venue.” 

Mr Fortenberry resigned from the U.S. House of Representatives effective March 31, 2022, after he was charged by the FBI on allegations of illegal campaign finance from Mr Chagoury, who had previously been convicted and later pardoned for money laundering in Switzerland.

Following his conviction in Los Angeles, where he received the illegal money, Mr Fortenberry was sentenced to two years of probation with $25,000 fines and 320 hours of community service. 

With yesterday’s ruling, Mr Fortenberry’s sentence was effectively reversed, although the court said he may be tried again in another jurisdiction suitable for the case. 

The lawmaker had denied that he knew about the illegal contribution of $30,200 from Mr Chagoury in 2016, although an audio recording of a telephone conversation later showed that he knew the money was coming from the Nigerian businessman. The FBI did not charge Mr for the donation, but the jury found that he concealed material facts from authorities as part of the case. 

In a statement, Mr Fortenberry said he was “gratified by the Ninth Circuit’s decision,’’ adding that “Celeste and I would like to thank everyone who has stood by us and supported us with their kindness and friendship.”

Mr Chagoury denied wrongdoing and U.S. authorities did not charge him in the campaign donation scandal.