In October 2021, a federal grand jury indicted Fortenberry on charges of lying to investigators. On March 24, 2022, Fortenberry was convicted of all three counts of making false statements to investigators and hiding information. Speaker of the House Nancy Pelosi and House Minority Leader Kevin McCarthy said he should resign. On March 26, 2022, Fortenberry announced he would resign from Congress in five days on March 31.