Criminal
Apr. 15, 2024
After Fortenberry, where do false statement prosecutions go?
The Ninth Circuit's rejection of the "effects-based" venue test in false statement cases deepens an existing circuit split and significantly complicates how federal prosecutors, defense attorneys, and witnesses approach the question of venue not just in false statement cases, but in any case, where alleged acts take place in multiple jurisdictions.
A. Joseph Jay III
Partner, SheppardMullin
Former U.S. Congressman Jeffrey Fortenberry was convicted in the U.S. District Court for the Central District of California for making false statements to federal investigators (18 U.S.C. § 1001), regarding illegal campaign contributions made by a foreign national through conduit donors. These statements were allegedly made during interviews conducted in-person in Nebraska and Washington, D.C. However, the trial was held in Los Angelesbecause the government argued, and the court held that ...