Fortenberry, 61, was charged last October with three felony counts, including one count of scheming to falsify and conceal material facts and two counts of making false statements to federal investigators.
“After learning of illegal contributions to his campaign, the congressman repeatedly chose to conceal the violations of federal law to protect his job, his reputation and his close associates,” US Attorney Tracy L. Wilkison said in a statement. “The lies in this case threatened the integrity of the American electoral system and were designed to prevent investigators from learning the true source of campaign funds.”
The indictment stated that an unnamed person, referred to as “Individual H” in the document, acted as a co-host of a 2016 fundraiser for the congressman.
According to the indictment, Fortenberry contacted that individual in the spring of 2018 to discuss hosting another event. The court document states that during a June 2018 call, the fundraiser co-host told Fortenberry that the $30,000 in donations “probably did come from” a foreign national.
Campaigns are prohibited from taking contributions from foreign nationals, according to the Federal Election Commission.
But the indictment states, “despite being told by Individual H about the illegal donations, defendant Fortenberry did not file an amended report with the FEC regarding the 2016 fundraiser” and “did not return or otherwise try to disgorge the contributions.” The indictment goes on to say “it was not until after the FBI and USAO interviewed him in July 2019 that defendant Fortenberry disgorged the contributions.”
Fortenberry is scheduled to be sentenced on June 28. Each charge carries a statutory maximum penalty of five years in federal prison, according to the US Attorney’s office.