[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 22-13569 ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARION MICHAEL O'STEEN,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 3:21-cr-00016-MMH-JBT-2 ____________________

Before JORDAN, LAGOA, and TJOFLAT, Circuit Judges. USCA11 Case: 22-13569 Document: 59-1 Date Filed: 04/04/2025 Page: 2 of 87

2 Opinion of the Court 22-13569

TJOFLAT, Circuit Judge: This appeal is the last chapter of a lengthy FBI investigation of the State Attorney for the Third Judicial Circuit of Florida,1 Jef- frey Alan Siegmeister. The investigation began in August 2018, af- ter Andy Tong, whom Siegmeister was prosecuting for maintaining a gambling house in violation of Florida law, 2 told the FBI that his attorney, Marion Michael O’Steen, would have to pay Siegmeister $50,000 for a favorable disposition of the case. The investigation concluded in February 2021, when a Middle District of Florida grand jury returned a twelve-count indictment against Siegmeister and O’Steen. Siegmeister was charged in eleven counts, O’Steen in four. Relevant here are Counts One through Four.3

1 The Third Judicial Circuit consists of seven counties: Columbia, Dixie, Ham-

ilton, Lafayette, Madison, Suwannee, and Taylor. 2 Siegmeister charged Tong and two of his associates with violating Florida

Statute § 849.01, a third-degree felony punishable by imprisonment for a term of up to five years. 3 Not relevant are the eight counts that were lodged only against Siegmeister.

Count Five: Siegmeister conspired with a defense attorney (not O’Steen), in violation of 18 U.S.C. § 371, to commit bribery concerning programs receiv- ing federal funds in violation of 18 U.S.C. § 666(a)(1)(B). Count Six: Siegmeis- ter committed the § 666(a)(1)(B) bribery offense referred to in Count Five. Counts Seven through Nine: Siegmeister defrauded an elderly man with phys- ical and mental deficiencies for whom he had been appointed guardian of Coca-Cola common stock worth $664,751, in violation of 18 U.S.C. § 1343. Siegmeister used part of the proceeds of the sale of the stock to purchase a 70-acre farm on which he raised Braford bulls for breeding. Counts Ten through Twelve: Siegmeister filed false federal income tax returns for 2015, 2016, and 2017, in violation of 26 U.S.C. § 7206(1). USCA11 Case: 22-13569 Document: 59-1 Date Filed: 04/04/2025 Page: 3 of 87

22-13569 Opinion of the Court 3

Count One alleged that Siegmeister and O’Steen conspired from January 16, 2013, through December 19, 2019, to engage in bribery and extortion in violation of Florida law. 4 Count Two al- leged that they conspired from August 9, 2018, through May 16, 2019, to obtain $60,000 from Andy Tong, an O’Steen client,5 through extortion and extortion under color of official right in vi- olation of the Hobbs Act. 6 Count Three alleged that Siegmeister and O’Steen, aiding and abett