Yeah, but RICO? United States v. Diddy
Indictment
BLUF: Undercooked and overcharged. The Diddy indictment is another set of bland and stale “me too” allegations wrapped in a barely palatable shroud of RICO. I’d ask for the manager.
Oh Diddy…there was always something about Diddy. You couldn’t put your finger on it. He wasn’t famous for his talent, his looks, or his producing. He was famous because, when Biggie died, we were desperately searching for someone to replace him. So we settled on that annoying little hype man whispering, “take that, take that” behind Biggie’s hypnotic and magical beyond-the-bar banter.
Biggie was a commercially viable MF Doom for those who were listening, and I certainly was while paying my way through law school spinning in Detroit clubs.
He’s called “Mr. Take That” for a reason. And maybe a few reasons.
Rumors started flying about Diddy in 2023 and we ignored much of it as a conspiracy theory. COVID had us believing anything. But not this, definitely not this. He’s not the Diddy we wanted, but he’s our Diddy, so a little skepticism was in order.
Then the search warrant. Shortly after, on a Sunny Monday, September 16, 2024, New York federal agents executed an arrest warrant against P. Diddy (AKA Sean Combs). They unsealed an indictment with shocking allegations that will make this case as highly publicized as the O.J. Simpson Trial.
Uncorking Vintage 2009 Crimes
In the aftermath of 2023 plenty of reporters and potential “victims” piled on with stories about Diddy and horrific abuses. These suffer the same fate as most stale allegations; why now? There can be some validity to late allegations, but is he the next Weinstein? Or is he a media mogul who has skeletons?
In reading this indictment, I have some concerns about overcharging.
When I say concerns, prosecutors overcharged the absolute shit out of this case. I have never seen a RICO indictment contain such an awkward collection of unconnected dots in my entire career.
The indictment appears more as a 30,000-foot view of plane wreckage to prove the premise that a plane crashed - without ever addressing how, why, and what caused it to crash. RICO indictments require much, much more.
You see, the trick with RICO charges is to make separate disparate actions look like an overarching conspiracy. Prosecutors do this to avoid statute of limitations arguments (5 years in most cases) or multiple trials against the same defendant for one course of conduct. In this case, the prosecutor did just that, reaching back all the way back to 2009 and also including a 2016 alleged (I say “alleged” lightly) assault (which was captured on video).
Yes, you read that right, 2009. For reference, “Poker Face” was at the top of the charts.
Prosecutors would like to have a trial about crimes that occurred pre-Alejandro. You were probably still in Affliction jeans.
No doubt, many of the witnesses will have their own civil suit against Diddy and are seeking compensation for their 15-year-old injuries. Sound familiar? New York has become a Mecca for litigating stale allegations of assault.
At the heart of the charges is a racketeering conspiracy—essentially, the government claims that Combs orchestrated a criminal enterprise that used his vast business empire to carry out and cover up illegal acts. These acts include sex trafficking, forced labor, kidnapping, and bribery, among other serious offenses.
Learn More about RICO Charges…
Criminal Enterprise for “Freak-Offs”?
But therein lies the problem, for a RICO charge the business must be the illegal enterprise. The business or entity must have been created for the purpose of illegal actions - i.e. the mob or a drug trafficking orgonization or perhaps a street gang.
For instance, prosecutors allege that Diddy “on numerous occasions” engaged in a pattern of abuse, which included verbal and emotional abuse and sex activity. The indictment claims he ensured participation by distributing narcotics to them, controlling their careers, and leveraging financial support.
Read between the lines here.
Do we see a vast criminal conspiracy designed to traffic women, or do we see Prosecutors using powerful statutes to make rockstar drug parties sound like sex trafficking?
Is this Nexium ala Keith Raniere?
The indictment lists security staff, household staff, personal assistants, high-ranking supervisors, as well as “close associates” as members of the criminal enterprise, a far cry from Jimmy Two Shirts Malone and Underboss Gio Giancalone on a wiretap. A further cry from the cult members of Nexium.
To top it off, the indictment is shrouded in a steady drip of intangibles and platitudes, let’s name a few:
Intimidate, threaten, and lure female victims into Combs’ orbit
Maintained control over his victims through promises of career advancement
Threatened livelihoods
Suppressed victims’ career opportunities
Pressured victims who may sue through “attempted bribery
I’m sorry, I can’t, I literally can’t. Bribing someone who seeks to sue you is also called something else - an out-of-court settlement. This same tired tactic was used in the Trump Stormy Daniels case to make a pre-suit settlement sound nefarious.
To make matters worse, the allegations of the specific unlawful actions that should be included in such a lengthy indictment are missing. Instead, this section is replaced with “multiple acts” of this and that without any reference to specifics.
I’d like you to see for yourself and let me know in the comments. Here’s a breakdown of the charges in plain language:
1. Racketeering Conspiracy (RICO)
At its core, this charge alleges that Sean Combs used his businesses—ranging from record labels to TV networks—as part of a criminal organization dubbed the “Combs Enterprise.” This organization was involved in crimes like trafficking women for sex, coercing individuals into forced labor, and even violent acts such as kidnapping. The government’s case is built on the idea that Combs didn’t act alone; he had a network of employees and associates who helped him carry out these crimes, including providing him with victims, covering up his abuses, and ensuring his power remained unchallenged.
2. Sex Trafficking by Force, Fraud, or Coercion
The indictment claims that Combs specifically trafficked women, using force, threats, and manipulation to make them participate in “Freak Offs”—orchestrated sexual performances that Combs allegedly directed and recorded. According to the charges, he lured women into these situations by promising career opportunities or financial support, only to trap them with threats of violence, drug use, and intimidation. Combs is accused of using his influence and power to control these victims, sometimes subjecting them to severe abuse and threats to keep them compliant.
3. Transportation for Prostitution
Combs is also charged with transporting women across state lines for prostitution. This isn’t just about crossing borders; it’s about the intent behind those actions—namely, bringing women to different locations with the goal of forcing them into sexual acts. The indictment paints a picture of a highly organized operation where Combs and his associates regularly flew victims to different places for these “Freak Offs,” and Combs ensured they stayed under his control by supplying drugs, monitoring their movements, and using his staff to facilitate these events.
To sum up, the government is arguing that Combs ran a criminal empire under the guise of his legitimate businesses, using his fame and influence to exploit women, silence witnesses, and continue his illegal activities without being caught. The charges are extremely serious, and if convicted, Combs could face substantial penalties, including forfeiting assets and spending significant time in prison.
If Sean Combs is convicted of the charges in the indictment, his potential prison time could be substantial. To understand how much time he might face, it’s important to break down the possible sentences for each charge and how federal courts determine jail time.
1. Racketeering Conspiracy (RICO)
Under the Racketeer Influenced and Corrupt Organizations Act (RICO), the maximum penalty for racketeering conspiracy can be up to 20 years in prison. However, if the crimes committed as part of the racketeering enterprise involve more serious offenses like murder, the sentence can be life in prison.
2. Sex Trafficking by Force, Fraud, or Coercion
Sex trafficking by force or coercion, under 18 U.S.C. § 1591, carries a mandatory minimum sentence of 15 years and a maximum of life imprisonment. Given the gravity of the sex trafficking allegations involving force and coercion, the mandatory minimum alone sets a high bar for prison time.
3. Transportation for Prostitution
For transporting an individual for the purpose of prostitution (18 U.S.C. § 2421), the penalty can be up to 10 years in prison.
Potential Sentence Range
If convicted on all charges, Combs could be facing multiple decades in prison. For example:
• The racketeering charge alone could carry up to 20 years.
• The sex trafficking charge has a minimum of 15 years, and potentially much more, depending on the severity of the offenses.
• The transportation for prostitution charge adds another possible 10 years.
In total, Combs could be looking at decades in prison, possibly even life, depending on how the court decides to impose sentences for each count.
In Combs’ case, if convicted on all counts, the combination of mandatory minimums and potential enhancements due to the severity of the crimes could mean a lengthy sentence, potentially exceeding 30 years and possibly life imprisonment, depending on how the court weighs the charges.
Sean Combs is facing serious charges; if convicted, the penalties could be extremely severe. Based on the guidelines and the nature of the allegations, Combs could expect a minimum of 15 years, but realistically, he could face decades in prison, possibly a life sentence.