Freak-offs, allegations of violence and racketeering, and a partial acquittal. You are probably already aware of the basics of the allegations against Sean Combs. Diddy was convicted on July 2 of transportation to engage in prostitution, but was acquitted of more serious charges of sex trafficking and racketeering.
How did the verdict come about, and what's next? We'll summarize the case for you and explain why the jury may have reached the verdict it did.
The Charges
The 1970 Racketeer Influenced and Corrupt Organizations Act, or RICO, is a law aimed at combating organized crime. Recently, prosecutors have expanded prosecutions under the law to cover criminal sexual activity, such as in the case of R. Kelly.
To convict Combs under the federal RICO law, the federal government had to prove that:
- Combs ran a criminal enterprise
- The enterprise affected interstate commerce
- Combs was associated with or employed by the enterprise
- Combs engaged in a pattern of racketeering activity by participating in at least two acts of racketeering activity over a 10-year period
To prove sex trafficking, the federal government had to meet the "act", "means", and "purpose" elements of federal law. This meant showing beyond a reasonable doubt that Combs:
- Recruited or otherwise solicited another person to engage in commercial sex
- Used force, fraud, or coercion, including threats of serious harm, psychological harm, reputational harm, threats to others, and debt manipulation
- Involved a commercial sex act, meaning there was payment involved, regardless of the location or relationship of the defendant to the victim
A jury acquitted him of both charges after a fairly lengthy deliberation.
A Blunt, Successful Defense
It was never disputed that Sean Combs engaged in wild sexual activity and abusive behavior. The parties Diddy threw were well-known, and video evidence confirmed that he abused his former girlfriend, Cassie Ventura (warning: video is disturbing). Instead of denying that he organized orgies and was abusive, Comb's defense team argued that those offenses didn't amount to a criminal sex trafficking ring.
Prosecutors claimed Combs used violence and intimidation to keep his girlfriend and others engaged in nonconsensual sexual acts. Calling no witnesses of their own, his defense attorneys used cross-examination of prosecution witnesses to portray Combs as a flawed man, but not the head of a criminal enterprise. The defense calling no witnesses is relatively rare, but indicated that the defense team felt they could poke enough holes in the prosecution's case to obtain an acquittal. They alleged that the sex acts were consensual and that the drug use was not forced.
In her opening statement, Combs' attorney Teny Geragos told jurors that they may think Combs was "a really bad boyfriend," but that didn't mean he was a sex trafficker. That defense strategy paid off.
What's Next
Combs was still convicted of transportation to engage in prostitution, with the jury finding that the government proved he flew in prostitutes to engage in sexual acts. The defense team has asked for a sentencing date this September.
Convicted on two counts, Combs faces a maximum sentence of 20 years. However, a maximum sentence in this case is unlikely. Prosecutors are looking for a 4-5 year sentence. The defense, of course, is seeking less, including time served (Combs has been in prison for approximately 10 months).
It's possible the judge will split the difference, and Combs will spend the next few years in prison. However, the RICO and sex trafficking charges could have meant a life sentence, so all things considered, the defense team is likely quite pleased with the outcome.
Related Resources
- What's All the Racket With RICO Law? (FindLaw’s Law and Daily Life)
- What's Going on in the Case Against Sean "Diddy" Combs? (FindLaw's Legally Weird)
- Federal and State Charges for Prostitution (FindLaw's Learn About the Law)
