Summary
This Eleventh Circuit opinion reviews the conviction of defense attorney Marion Michael O’Steen for Hobbs Act extortion and failure to file currency reports following a bribery scheme involving Florida State Attorney Jeffrey Siegmeister. The court addresses whether Count Three of the indictment was duplicitous under Federal Rule of Criminal Procedure 8(a) and whether the district court properly admitted evidence of O’Steen’s alleged Florida Bar ethical violations under Rule 403. Concluding that the duplicity in Count Three created constitutional risks regarding jury unanimity and double jeopardy, the appellate court reverses the conviction on that count.
Topics
Practice areas
Questions Presented
- Whether a private attorney can be convicted as a principal of extortion under color of official right under the Hobbs Act.
- Whether the government must prove that the defendant knowingly violated the 15‑day filing requirement of Form 8300 for a conviction under 31 U.S.C. §§ 5311 & 5322.
Holdings
- A private person cannot be convicted as a principal of extortion under color of official right; the conviction on Count Three is reversed.
- The conviction on Count Four is reversed because the government failed to prove beyond a reasonable doubt that O'Steen knowingly violated the 15‑day filing requirement.
Key quotations
“We therefore conclude that the circumstantial evidence was insufficient to prove beyond a reasonable doubt that O’Steen knew of the reporting requirement by September 7, 2018, but failed to comply with it by that date as alleged in Count Four.” (at 31)
“The district court’s Instruction No. 19 invited the jury to find O’Steen guilty on Count Three if the Government proved beyond a reasonable doubt that he obtained Tong’s property through extortion under color of official right.” (at 35)
Factual background
Marion Michael O'Steen, a criminal defense attorney, allegedly demanded $60,000 from client Andy Tong to influence a criminal case, receiving the money that was actually provided by the FBI. He also failed to file a required Form 8300 within 15 days of receiving the cash.
Procedural history
The district court convicted O'Steen on Count Three (extortion and aiding and abetting) and Count Four (failure to file Form 8300). O'Steen appealed, arguing lack of statutory element for extortion and lack of knowledge for the reporting requirement.
Remand instructions
Enter a judgment of acquittal for Marion Michael O'Steen on Counts Three and Four.