Racketeering and the Case of Sean "Diddy" Combs
On 16 September, Sean “Diddy” Combs was arrested at the Park Hyatt in New York by local and federal agents. The rapper and music mogul has since been charged with a number of crimes, including sex trafficking, transportation to engage in prostitution, and racketeering conspiracy under the federal Racketeer Influenced and Corrupt Organizations Act, or RICO.
The federal government has placed Combs at the head of a conspiracy ring that committed sexual and violent crimes for over a decade and has the potential to put him in prison for life.
Racketeering, Defined
At its core, racketeering refers to engaging in a wide-ranging illegal scheme. Specifically, the crime refers to a pattern of criminal activity (predicate crimes) that includes one or more offenses in the 35 chapters referenced by the RICO statute. Some of these offense include bribery, arson, extortion, kidnapping, murder, prostitution and human trafficking.
Notorious persons and organizations charged with racketeering include the Coppola crime family, R. Kelly, the Gotti family, and the Colombo crime family.
Patterns of Behavior
Under the RICO Act, guilty parties must exhibit a “pattern of behavior” consistent with offenses under RICO. This include:
- At least two acts of racketeering activity, that are
- Committed within 10 years of each other.
Further, these actions must:
- Be criminal in nature;
- Must be related; and
- Must amount, or pose a threat to continued criminal activity.
In the case of Sean Combs, this alleged pattern of behavior spans two decades (2008 to 2024), and includes prostitution, sexual assault, and the sexual abuse and exploitation of women. United States Attorney for the Southern District of New York Damian Williams is alleging that “P. Diddy” has engaged in sex trafficking and transportation to engage in prostitution (22 U.S.C. § 7102 and 18 U.S.C. § 2421), laws that fall under 18 USC § 1961(1) (RICO Act).
The U.S. Department of Justice provides an “expansive” view of RICO charges as follows:
A more expansive view holds that in order to be found guilty of violating the RICO statute, the government must prove beyond a reasonable doubt:
- that an enterprise existed;
- that the enterprise affected interstate commerce;
- that the defendant was associated with or employed by the enterprise;
- that the defendant engaged in a pattern of racketeering activity; and
- that the defendant conducted or participated in the conduct of the enterprise through that pattern of racketeering activity through the commission of at least two acts of racketeering activity as set forth in the indictment. United States v. Phillips, 664 F. 2d 971, 1011 (5th Cir. Unit B Dec. 1981), denied, 457 U.S. 1136, 102 S. Ct. 1265, 73 L. Ed. 2d 1354 (1982).
A Country-wide Crime
RICO refers to crimes that occur across state borders. It is for this purpose that two of Comb’s three primary allegations in the Sept. 17 press release include transportation for the purposes of prostitutionand sex trafficking – two crimes that typically rely on interstate travel to complete. These alleged crimes provide the federal government the leverage to allege violations of RICO.
This is also why, despite being listed as a Miami resident, Combs’ LA and Florida homes were searched by federal and local authorities, and why he will be tried in a Manhattan court on May 5, 2025.
Penalties Under Federal Law
Combs is charged with three crimes, the majority of which can result in life in prison.
Racketeering Conspiracy
The maximum sentence for racketeering conspiracy begins at 20 years in prison, but scales based on the underlying, or predicate, charges. As he is charged with sex trafficking, the maximum sentence imposable on Combs is life in prison and $25,000 a charge.
Sex trafficking by force, fraud or coercion
This carries a maximum sentence of life in prison and a minimum sentence of 15 years in prison.
Transportation for the purposes of prostitution
Carries a maximum sentence of 10 years in prison
No Way Out?
The allegations against Combs are harsh, and many have spoken out against alleged rape and abuse charges. 120 people, 60 women and 60 men, 25 of whom claim to have been minors at the time of the abuse, are being represented in a civil suit. To date, Combs has been served 12 civil suits claiming any number of damages.
The charges against Combs are similar, but also different from the 2021 trial of R. Kelly, which also used the racketeering statute as the overarching framework for prosecution. Similar to Kelley’s trial, it can be expected that federal prosecutors will use the allegations of sexual abuse and assault to demonstrate “predicate acts” that indicate a pattern of abuse – in other words, an imprint of the effect Combs’ alleged criminal enterprise had on its victims.
The shape of Combs’ enterprise is also obvious to the federal goverment: anyone that worked for Combs is suspected to have played a part in abusing his victims – this includes household staff, security, talent employed by his label and others. This structure will be used by prosecutors to indicate an organized crime ring – a key component of the RICO act.
Sex Trafficking and Transportation
Combs legal team has rejected the assertion that he engaged in sex trafficking – lead lawyer Marc Agnifilo went on record as saying that the encounters were consensual and the charges are the result of the government “coming into this man’s bedroom.” The state will need to prove that Combs intentionally moved women from one state to another to facilitate his alleged “Freak Offs,” sex-focused parties where accusers say performers were forced to work for days on end while being supplied alcohol and narcotics.
Combs team could argue that he had no knowledge of prostitution – in other words, he simply asked his team to organize a party, and whatever happened, happened. Alternately, he could accept the accusations of prostitution, but reject that he trafficked women or sent for out-of-state prostitutes.
His team will need to shape the narrative of Combs relationships with many of his accusers, a very difficult task. This is because Combs is accused of bullying, blackmailing, and threatening women to attend his parties where he would then drug the women and assault them (or allow them to be assaulted). This specifically would constitute sex trafficking, not just prostitution.
Because many of the crimes are alleged to have occurred between 2008 and 2024, there may be significant cellphone recordings to corroborate these claims against Combs, making it difficult to deny certain activities took place, including against Thalia Graves, who claims her assault was recorded and distributed in an effort to blacklist her from the music industry.
However, racketeering charges don’t always stick. Famously, Al Capone was not charged with racketeering in 1931, but with tax evasion. It is entirely possible that Combs will not ultimately convicted of racketeering.
What happens with the numerous pending civil suits, however, is another matter. For now, we will have to wait and see what happens during Combs’ trial. He has yet to be granted bail, having been denied twice. However, Combs has filed again for bail, offering $50 million and robust restrictions against movement and contact with anyone but his lawyers.
Get Help With Federal Offenses
If you’ve been arrested or have been accused of violating federal law, contact McCarthy & Hamrock. Our criminal defense attorneys have worked for decades serving clients accused of violent, sexual and property crimes in Des Moines, Iowa. Our attorneys know how to protect you against federal offenses including racketeering and interstate travel.
We are licensed in both federal district courts in Iowa and have represented many clients there. Call us today at (515) 279-9700 to schedule a consultation.
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