What Did Diddy Do: Federal Criminal Defense Lawyer Answer

The Fall of an Empire: What Did Diddy Do?

On September 16, 2023, the music and entertainment world was rocked by the arrest of Sean “Diddy” Combs, one of the most influential and wealthy figures in hip-hop history. The following day, federal prosecutors unsealed a bombshell indictment charging Combs with racketeering conspiracy, sex trafficking, and transportation to engage in prostitution.

The charges stem from alleged criminal activities dating back to 2009 and paint a disturbing picture of abuse, exploitation, and intimidation behind the glossy facade of Combs’ business empire.

In this article, we will look at the indictment to see what the prosecutor’s answer is to “What did Diddy do?” We’ll use Diddy’s arrest and denial of bail (twice) as an opportunity to discuss criminal prosecution in the federal system.

Sean “Diddy” Combs Indictment

The Diddy Indictment Explained

The indictment accuses Sean “Diddy” Combs of running his business empire as a criminal enterprise to facilitate sex trafficking and other illegal activities. Here’s a breakdown of the charges:

1. Racketeering Conspiracy

What it means:

Prosecutors allege that Combs and his associates operated as an organized criminal group called the “Combs Enterprise” to commit various crimes over many years.

Key elements:

• Existence of an enterprise affecting interstate commerce
• Combs was associated with or employed by the enterprise
• Combs agreed to participate in the enterprise’s affairs through a pattern of racketeering activity
• Combs agreed that someone would commit at least two acts of racketeering activity

Alleged criminal activities:

• Sex trafficking
• Forced labor
• Kidnapping
• Arson
• Bribery
• Drug distribution

2. Sex Trafficking by Force, Fraud, or Coercion

What it means:

Combs is accused of forcing or tricking people into performing commercial sex acts.

Key elements:

• Recruiting, enticing, harboring, transporting, providing, obtaining, or maintaining a person for commercial sex acts
• Using force, threats, fraud, or coercion
• Acts occurred across state lines or internationally

Specific allegations:

From 2009 to 2018, Combs allegedly victimized at least one person (referred to as “Victim-1”) through these means.

3. Transportation to Engage in Prostitution

What it means:

Combs is accused of moving people across state or national borders for the purpose of prostitution.

Key elements:

• Knowingly transporting individuals across borders
• Intending for those individuals to engage in prostitution

Timeframe:

The indictment alleges this occurred from 2009 to 2024.

• The indictment includes forfeiture allegations, meaning Diddy could lose property and money related to these crimes if convicted.

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The Factual Bases for Diddy’s Charges

The indictment lays out a years-long pattern of alleged criminal conduct by Combs and his associates. Some key points from the factual basis include:

• Combs allegedly used his various businesses – including Bad Boy Entertainment, Combs Enterprises, and Combs Global – to facilitate and cover up criminal activities.
• The indictment describes “Freak Offs” – lavish sex parties that Combs allegedly organized, directed, and recorded. These events allegedly involved transporting sex workers across state and international borders.
• Combs is accused of distributing drugs to victims and using violence and intimidation to control them.
• The indictment details specific incidents of alleged physical abuse, including a 2016 incident at a Los Angeles hotel where Combs allegedly kicked, dragged, and threw a vase at a woman who was trying to leave.
• Prosecutors allege that Combs used his wealth and influence to silence victims and obstruct investigations into his conduct.

The Investigation

The case against Combs is the result of a lengthy investigation by Homeland Security Investigations (HSI) and other law enforcement agencies. Some key points about the investigation include:

• Federal agents conducted searches of Combs’ homes in Miami and Los Angeles, seizing evidence including drugs and what they termed “Freak Off supplies” – over 1,000 bottles of lubricant and baby oil.

• The investigation appears to have been building for years, compiling evidence from multiple alleged victims and witnesses.
• The case is being prosecuted by the U.S. Attorney’s Office for the Southern District of New York, which has a reputation for handling high-profile organized crime and racketeering cases.
• While the criminal charges are new, they appear to be at least partially built on allegations made in several civil lawsuits filed against Combs in recent years.

Who Might the Victims Be?

While the names of victims are not public, there are a number of related civil and criminal cases that give us an idea of who these indictments might be based on.

Forced Sexual Activity

Cassie Ventura, a former partner and singer who filed a lawsuit in 2023 alleging years of abuse, trafficking, and rape.

Testimony: Ventura could testify about being forced into recorded sexual activity referred to as “Freak Outs” and detail the pattern of abuse that began as soon as their relationship started, including being raped in 2018 when she tried to end the relationship.

Criminal Enterprise

Rodney “Lil Rod” Jones, a producer who worked for Combs and alleged he was subjected to unwanted advances, drugged, and threatened.

Testimony: Jones could describe how Combs used his business empire to coerce and control victims, including hosting “sex-trafficking parties” with underage women and illegal drugs.

Sex Trafficking:

Jane Doe (pseudonym), who filed a lawsuit alleging she was drugged and gang-raped by Combs and his associates in 2003.

Testimony: Jane Doe could detail how she was flown from Michigan to New York, plied with drugs and alcohol, and then raped, which aligns with the indictment’s allegations of sex trafficking.

Forced Labor:

Victim: Dawn Richard, a former bandmate who accused Combs of years of physical and sexual abuse, including withholding payment for work on albums.

Testimony: Richard could testify about how Combs manipulated her with promises of career advancement, subjected her to physical and sexual abuse, and withheld basic necessities during recording sessions.

Kidnapping and Assault:

Victim: April Lampros, who alleged Combs sexually assaulted her multiple times between 1995 and the early 2000s.

Testimony: Lampros could describe how Combs forced himself on her despite her protests, including an incident where she was physically forced to perform oral sex in a garage near his apartment.

What Punishment Does Diddy Face if Convicted?

If convicted, Combs is facing the following consequences:

• For the racketeering conspiracy charge: Up to 20 years in prison, a fine of up to $250,000, and forfeiture of any money or property gained through the illegal activities.
• For the sex trafficking charge: Up to life in prison, a fine of up to $250,000, and mandatory restitution to the victims.
• For the transportation for prostitution charge: Up to 10 years in prison, a fine of up to $250,000, and restitution to victims.

Given the multiple charges and the allegations of ongoing criminal activity, if convicted on all counts Combs could potentially face life in prison.

Legal Proceedings So Far

Since his arrest, there have been several key developments in the legal proceedings against Combs:

Why was Diddy’s Bond Denied Twice?

It may seem highly unusual for a defendant of Combs’ wealth and status to be denied bail. Yet, Combs has been denied bail twice and remains in custody as his case proceeds.

The Federal Bail Process

To understand why Combs remains in custody despite his immense wealth, it’s important to note how federal bail differs from the cash bail system used in many state courts:

• Federal courts use the Bail Reform Act of 1984, which focuses on assessing flight risk and danger to the community rather than a defendant’s ability to pay.
• Instead of requiring upfront payment, federal defendants are typically released on a bond – essentially a promise to pay if they fail to appear for trial.
• Prosecutors must show
  • by a preponderance of evidence (more than 50% likely) that a defendant is a flight risk, or
  • by clear and convincing evidence that they pose a danger to others.
• Factors considered include the nature of the charges, the strength of the evidence, the defendant’s ties to the community, criminal history, and any history of failing to appear in court.

In Combs’ case, his wealth and private jet access actually worked against him in terms of flight risk. The allegations of witness intimidation were likely a major factor in the danger assessment.

During bail hearings, prosecutors argued that Combs posed both a flight risk and a danger to witnesses if released.

Magistrate Judge Robyn F. Tarnofsky, who made the initial decision to deny bail, cited several factors:

• Evidence of violence against women
• Combs’ access to weapons
• A history of anger management and substance abuse issues
• Allegations that Combs had already contacted potential witnesses, who reported being afraid of him

Judge Tarnofsky noted the serious nature of the charges, stating, “This is a crime that happens behind closed doors, even when pretrial services is monitoring” a defendant on bail.

Witness Tampering Allegations

One of the most damaging allegations against Combs in terms of pretrial detention is that he attempted to contact and intimidate potential witnesses after learning of the investigation. Prosecutors cited a specific example:

• Combs allegedly called or texted Kalenna Harper, a former protégée, 58 times over just four days after another woman, Dawn Richard, filed a lawsuit accusing him of physical and sexual abuse.

This alleged pattern of witness tampering has been cited as evidence of both obstruction of justice and the ongoing danger Combs might pose if released.

The Broader Context: Combs’ Rise and Fall

To fully grasp the significance of these charges, it’s crucial to understand Sean Combs’ place in the music industry and popular culture:

The Rise of “Puff Daddy”

Sean Combs, also known by stage names including “Puff Daddy,” “P. Diddy,” and simply “Diddy,” built a hip-hop empire starting in the 1990s. After working as an intern at Uptown Records, he founded Bad Boy Entertainment in 1993. The label would go on to launch the careers of artists like The Notorious B.I.G., Mary J. Blige, and many others.

Combs became known not just for his music, but for his flamboyant lifestyle and business acumen. He expanded into fashion with his Sean John clothing line, vodka with Cîroc, and various other ventures. By blending street credibility with luxury branding, Combs became one of the wealthiest figures in hip-hop, with a net worth estimated in the hundreds of millions of dollars.

Controversies and Legal Issues

While immensely successful, Combs’ career has also been marked by controversies and legal troubles:

• In 1999, he was arrested in connection with a shooting at a New York nightclub. While acquitted of gun possession and bribery charges, his protégé Shyne was convicted and sentenced to 10 years in prison.
• Combs has faced multiple lawsuits alleging physical abuse, including a high-profile case brought by his former girlfriend, singer Cassie Ventura, in 2023. That case was settled out of court for an undisclosed amount.
• There have been persistent rumors and allegations of exploitative business practices throughout Combs’ career, with some former artists claiming they were underpaid or mistreated.

Reactions from the Entertainment World

The charges against Combs have sent shockwaves through the music industry, with various celebrities and industry figures weighing in:

• 50 Cent, a long-time rival of Combs, posted on social media, “I told you, Puffy was in trouble.” While seemingly gloating, 50 Cent’s comments reflect the long-standing rumors and allegations that have swirled around Combs for years.

• Aubrey O’Day, a former member of the group Danity Kane which was signed to Combs’ Bad Boy Records, expressed support for the alleged victims, stating, “I believe the women.” O’Day has previously spoken out about negative experiences working with Combs.

• Kesha, who has faced her own high-profile legal battle over abuse allegations in the music industry, shared a message of solidarity, saying, “I stand with the survivors.”

• Many of Combs’ long-time collaborators and friends, including Mary J. Blige, have remained notably silent on the charges, perhaps reflecting the complex loyalties and power dynamics at play in the industry.

The Path Forward: What Comes Next

As the case against Sean “Diddy” Combs proceeds, there are several key issues and potential outcomes to watch for:

Legal Strategy and Potential Plea Deals

Combs has pleaded not guilty to all charges and assembled a high-powered legal team to mount his defense. Given the serious nature of the charges and the potential for a life sentence, there will likely be intense negotiations between Combs’ lawyers and prosecutors.

Some possible scenarios include:

• Combs could maintain his innocence and take the case to trial, betting on his legal team’s ability to cast doubt on the prosecution’s evidence.
• Prosecutors might offer a plea deal to avoid a lengthy and high-profile trial, potentially in exchange for Combs’ cooperation in other investigations.
• If the case does go to trial, it could be a lengthy and complex proceeding, potentially lasting months and involving testimony from numerous alleged victims and witnesses.

The Legacy Question

For Sean Combs personally, the charges threaten to completely redefine his legacy. Once hailed as a visionary entrepreneur who brought hip-hop culture into the mainstream of American business, he now faces the possibility of being remembered primarily for alleged crimes and exploitation.

The case raises difficult questions about how to reconcile an individual’s artistic and business achievements with serious allegations of personal misconduct. It’s a dilemma that has faced many industries in the wake of #MeToo, but rarely with a figure as central to his genre as Combs has been to hip-hop.

Conclusion

For a generation that grew up seeing Combs as the epitome of hip-hop success, the case is a sobering reality check. It underscores the importance of looking beyond the glitz and glamour to critically examine the systems and individuals that shape our popular culture. As the legal process plays out, the music industry – and society at large – will be forced to grapple with difficult questions about power, responsibility, and the true cost of fame.