The Indictment of Sean "Puffy" Combs -- RICO Conspiracy, Sex Trafficking, and Interstate Transportation to Facilitate Prostitution

Apparently the Combs' Organization drew the line at child sex trafficking -- this combination of charges could result in a effective life sentence.

No — that is not a mug shot. I expect we’ll be seeing some pictures of Puff Diddy not wearing a tuxedo fairly soon.

Unsealed in the Southern District of New York this morning was a three count indictment charging Sean Combs with leading a RICO Conspiracy, Sex Trafficking by force, fraud, or coercion, and interstate transportation of females to facility prostitution. Combs was arrested on Monday evening in Manhattan, spent the night in the federal detention center, and made an appearance on Tuesday morning in federal court to be arraigned on the indictment.

The Monday night surprise arrest is interesting. Given Combs’ wealth, one would expect that he will be able to post cash or property for bail if a judge determines that his release would not pose a flight risk or a danger to the community. By arresting him in the evening the DOJ guaranteed that he would spend at least one night in custody before the issue of bail would even be addressed.

Another interesting aspect is that even thought Combs is charged with a RICO conspiracy, he is charged at this point as a solo defendant. That strongly suggests that others involved have cooperated in the investigation. Anyone having done so is either going to escape charges, or will likely be charged separately in cases where a disposition has already been agreed to.

Also of interest is the fact that none of Combs’ various businesses are named as defendants.

Here is a sampling of some of the allegations, general and specific, that are set forth in the Indictment:

COMBS manipulated women to participate in highly orchestrated performances of sexual activity with male commercial sex workers… COMBS ensured participation from the women by, among other things, obtaining and distributing narcotics to them, controlling their careers, leveraging his financial support and threatening to cut offthe same, and using intimidation and violence.

The bolded language suggests that some of the victims may be entertainers. That means they have been witnesses up to this point. Whether they will ever be identified is discussed further below.

SEAN COMBS … used the Combs Business, including certain employees, to carry out, facilitate, and cover up his abuse and commercial sex. Those employees-including security staff, household staff, personal assistants, and high-ranking supervisors-and other close associates acted as COMBS' intermediaries, and their conduct was facilitated and assisted by COMBS' control of the Combs Business.

This is not a shocking revelation. The indictment references the hotel hallway video from 2016 showing Combs attacking a woman who was attempting to leave an encounter with him. Combs is alleged to have bribed the hotel security staff to cover up the incident.

The bolded reference to the business is worth noting. It is possible that not going after the business — and its revenue/assets — is a bargaining chip the DOJ is going to use in plea discussions.

The scope of the RICO conspiracy is alleged to go back to 2008. Charges in the form of a conspiracy can stretch back as far as the evidence will support so long as the most recent act is within the statute of limitations. All of that evidence from 10+ years ago is relevant and can be introduced at trial as long as there are acts in furtherance of the conspiracy within the last 5 years.

Members and associates of the Combs Enterprise engaged in, and attempted to engage in, among other activities, sex trafficking, forced labor, interstate transportation for purposes of prostitution, coercion and enticement to engage in prostitution, narcotics offenses, kidnapping, arson, bribery, and obstruction of justice.

A RICO conspiracy always involves more than a single person — that is the definition of a “conspiracy.” But this allegation makes clear — which is obvious from the charges — that the DOJ has identified other individuals as co-conspirators. That’s why there is a reference to “members.”

A basic overview of RICO — the key is the existence of an “organization” or “enterprise.” That is some collaboration in fact among several individuals to engage in a pattern of unlawful activity for financial gain. There is generally not agreements to individual crimes — that would be a normal conspiracy. RICO focuses on the “enterprise” — a collaboration of individuals, usually with a leadership, that exists for the purpose of criminal activity. In most such enterprises, the leadership doesn’t involve itself in decision-making, planning, or execution of the crimes. The “agreement” is reflected in the “pattern of racketeering” with benefits from the crimes being shared by members and leadership.

The “Combs Enterprise” as alleged clearly includes the personal involvement of Combs in many aspects — unlike the Mafia Dons that RICO was created to target. Combs does not seem to have lived by the proverbial Mafia advice of "Never write if you can speak; never speak if you can whisper, and never whisper if you can nod.”

The Combs Enterprise consisted of: (i) SEAN COMBS,… the defendant; (ii) entities within the Combs Business, including but not limited to Boy Entertainment, Combs Enterprises, and Combs Global; (iii) individuals employed by and associated with the Combs Business; and (iv) others known and unknown.

So his businesses are named as “members” of the RICO enterprise but they are not named defendants. Again, that suggests that they will be used as bargaining chips down the road.

Freak Offs were elaborate and produced sex performances that COMBS arranged, directed, masturbated during, and often electronically recorded. In arranging these Freak Offs, COMBS, with the assistance of members and associates of the Combs Enterprise, transported, and caused to be transported, commercial sex workers across state lines and internationally. Freak Offs occurred regularly, sometimes lasted multiple days, and often involved multiple commercial sex workers. During Freak Offs, COMBS distributed a variety of controlled substances to victims, in part to keep thevictims obedient and compliant. Sometimes unbeknownst to the victims, COMBS kept videos he filmed of victims engaging in sex acts with commercial sex workers. After Freak Offs, COMBS and the victims typically received IV fluids to recover from the physical exertion and drug use.

“Unbeknownst to the victims” … the victims certainly know about the existence of such videos now as it is clear some have cooperated. The question is whether the DOJ was able to recover any of these recordings. The allegation doesn’t necessarily require that the DOJ have the evidence in hand — it could base the allegation merely on the testimony of members of the enterprise who knew about them or were involved in making the recordings.

Somewhere in the evidence there is going to be issues with the “Harvey Weinstein” problem, i.e., that Combs’ conduct in this regard could not have been a secret in the industry. If he’s sending a private jet to pick you up and bring you to one of his mansions to spend time with him, there couldn’t have been much mystery about what he had in mind.

COMBS maintained control over his victims through, among other things, physical violence, promises of career opportunities, granting and threatening to withhold financial support, and by other coercive means, including tracking their whereabouts, dictating the victims' appearance, monitoring their medical records, controlling their housing, and supplying them with controlled substances... COMBS also threatened. victims' careers and livelihoods, including if they resisted participating in Freak Offs…. COMBS also used the sensitive, embarrassing, and incriminating recordings that he made during Freak Offs as collateral to ensure the continued obedience and silence o f the victims.

When employees, witnesses to his abuse, or others threatened COMBS' authority or reputation, COMBS and members and associates of the Enterprise engaged in acts of violence, threats of violence, threats of financial and reputational harm, and verbal abuse. These acts of violence included kidnapping and arson.

When COMBS' authority or reputation was threatened by the possibility of negative publicity or legal or law enforcement action against him, including in or about late 2023 following public allegations of COMBS' crimes, COMBS and members and associates of the Enterprise pressured witnesses and victims, including through attempted bribery, to stay silent and not report what they experienced or knew to law enforcement. On phone calls, COMBS and other members and associates of the Enterprise, among other things, provided these victims and witnesses with a false narrative of events in an effort to conceal COMBS' crimes. COMBS caused these calls to be recorded on at least two occasions.

All of these allegations suggest an extensive accumulation of corroborative evidence in the form of both cooperator testimony and recorded conversations involving Combs himself.

Another aspect of RICO is that the “pattern of racketeering” involving criminal activity can be made up of both federal and state crimes — these are called the “predicate acts.” In addition to a few federal crimes, the only state crimes involved are identified as violations of the California Penal Code, including arson and bribery. The federal crimes alleged as predicate acts are forced labor, sex trafficking, and possession with intent to distribute controlled substances.

The indictment includes a “Notice of Special Sentencing Factor” — that force, threats of force, or fraud or coercion was used to entice, recruit, etc., a person to engage in a commercial sex act. This allegation, if determined by a jury to be true, triggers a mandatory minimum sentence of 15 years, and potential maximum sentence of life under 18 U.S.C. Sec. 1591(b)(1).

In that same allegation, and in Count Two charging Combs with Sex Trafficking, the indictment alleges the crimes took place between 2009 and 2018. So according to the indictment, Combs has not been involved in this conduct — or at least they could not charge him — for the past 6 years.

In addition, the Sex Trafficking charge makes reference only to “Victim-1”. That suggests that one victim has expressed a willingness to testify. Victim-1’s identity won’t be disclosed to the defense, but the discovery will probably be such that Combs and his attorneys will be able to discern who Victim-1 is.

The reason for not identify other victims is to argue they are not “relevant” to the charges at this time so no discovery concerning other potential victims needs to be provided to the defense. This allows the identity of other victims to be concealed and maybe not disclosed ever if the case is resolved. Combs can only guess at who else may have cooperated.

Count Three, charging him with transportation of persons in interstate commerce for purpose of engaging in prostitution alleges that this criminal conduct continued into 2024. This is alleged to apply to both commercial sex workers and victims. But not specific conduct is alleged.

There are “Forfeiture” allegations set forth in the indictment based on Counts One, Two, and Three, but those allegations are against Combs only, and not any of his businesses that are not charged. Curiously, the alleged criminal conduct in all three counts does not include any obvious allegation that the predicate act crimes were engaged in for financial gain.

But forfeiture can extend to any and all properties used to facilitate the sex trafficking crimes alleged in the indictment — homes and private jets?

Another interesting impact of the forefeiture allegation is that any property subject to forfeiture cannot be used to secure his release on bail. But in that regard, no specific properties are identified in this Indictment as being subject to forfeiture so it seems that the DOJ is going to allow him to use his property to secure his release pending trial.

In my experience, the 14 page indictment is rather perfunctory given the nature and extent of the criminal activity identified. Compare it to the “speaking indictments” issued by DOJ where it wants the “story” to be advanced in the media by including all the factual allegations they want to be able to discuss. As I’ve noted before, DOJ policy — and it is only a “policy” — is to not comment on any facts related to a case unless those facts are already part of the public record in the form of a court filing. That’s why “speaking indictments” — telling a long story with lots of details — are used whenever DOJ wants to be able to answer as many questions as possible for public consumption at the time the case is brought.

The Combs indictment, while outlining extensive criminal allegations, is long on “legal-ease” in describing how the RICO conspiracy was formed and operated, but short on details about the specific predicate act crimes that Combs and others are alleged to have committed.

Consider the detailed description of the “co-conspirators” — unnamed — by Special Counsel Jack Smith in his Superseding Indictment of former President Trump in the District of Columbia case:

The allegations in the Combs indictment referencing co-conspirators — and RICO is a conspiracy — describes them generically as “members” and “associates” of the Combs Enterprise.

This investigation has been underway for quite a long time. The indictment references a search of Combs house in Florida and California back in March. Several months before that Combs was sued civilly by a music producer who claimed Combs had sexually harassed, drugged, and threatened him.

If the evidence backs up the allegations in the Indictment, the 55 year-old Combs is likely facing a sentence that could be effectively “life” in prison.