Sean Combs Found Not Guilty On RICO & Sex Trafficking

Convictions on Two Counts Of Facilitating Prostitution

This morning, Sean Combs largely prevailed in his sex trafficking RICO trial. He was acquitted on three charges that threatened up to life imprisonment: RICO (one count) and sex trafficking by coercion (two counts). He was convicted on two counts of violating the Mann Act by causing interstate travel for the purposes of prostitution. The maximum sentence on each count of conviction is 10 years, but (as I set forth below), the likely sentence is far below 20 years.

I appeared on CBS2 News live (here and here) as the verdicts were announced. I also appeared on CTV (here) and its local Toronto affiliate (here). In addition, I was quoted in the LA Times (here) and NY Post (here).

• The Verdict

Within hour after the jury began deliberations at 9 am, they sent out a note that they had reached a verdict on the final count. This was a bit of surprise, because yesterday afternoon the jury had sent a note stating that they had reached verdicts on Counts 2 - 5 (sex trafficking and Mann Act), but that they were deadlocked on the RICO charge.

The verdict was stunning. Not guilty of RICO. Not guilty of sex trafficking of Cassandra Ventura. Guilty of Mann Act violations with regard to Cassandra Ventura. Not guilty of sex trafficking of “Jane”. Guilty of Mann Act violations with regard to “Jane.”

It appears that the jurors accepted the defense argument that the women who testified against Sean Combs were not “victims” who coerced into participating in the “freak offs”, but rather volunteers who made “adult choices” (as defense counsel Teny Geragos stated during opening arguments). The defense’s strategy to admit during its opening statement that Mr. Combs was a violent, jealous, drug-abusing sexual aggressor, but deny that he was sex trafficker or RICO leader, succeeded. This strategy was largely dictated by Judge Subramanian’s decision to admit the videos of (a) Sean Combs violence against Cassandra Ventura at the Intercontinental Hotel and (b) many hours of “freak offs” involving Sean Combs observing his girlfriend (Cassandra Ventura or “Jane”) engaging in extended sex with male sex workers while they all took copious amounts of illegal drugs.

• The Bail Request

Lead defense counsel Marc Agnifilo immediately requested that Judge Subramanian grant Sean Combs bail pending his sentencing. All of a sudden, rather than facing life imprisonment, Sean Combs had a prospect of walking out of the court room on bail today. The judge asked the parties to submit letter-briefs with regard to their positions on bail, with a hearing later in the afternoon.

• The Defense Argument

The defense’s initial submission argued that the Court had the discretion to grant Mr. Combs bail, if it found by “clear and convincing evidence” that Sean Combs was not a risk of flight and was not a danger to the community. (here) The Combs team argued that the court should reverse its earlier finding that he was a risk of flight (which had been based on the possibility that he would be sentenced to a life sentence) because the US Sentencing Guidelines would yield an offense of 16, which recommended a sentence of only 21 - 27 months. Mr. Combs had already served 10 months while awaiting trial.

• The Prosecution Argument

The prosecution’s response (here) argued that continued detention was mandatory because the Mann Act convictions were for “crimes of violence” that precluded post-conviction bail. The government further argued that even if the Court had discretion to consider bail pending sentencing, Mr. Combs remained a risk of flight and a danger to the community.

As part of their argument, the prosecution contended that the likely recommended sentence under the Sentencing Guidelines would be 51 - 63 months. The government argued that Mr. Combs should receive sentence enhancements because of the number of sex workers transported (which would add 5 offense levels), his leadership role in the Mann Act offenses and his actions to obstruct the criminal investigation, leading to a total offense level of 24. Here is a link to Section 2G1.1, the relevant portion of the Sentencing Guidelines.

The prosecution also contended that Mr. Combs remained a danger to the community, on the basis of his violence against Cassandra Ventura and “Jane”. They noted that the violence against “Jane” occurred when Mr. Combs was already aware that he was under criminal investigation.

• Judge Subramanian Denied Bail

Judge Subramanian denied Sean Combs bail, finding that he remained a threat to the community. The judge largely relied upon the defense’s admission during the trial that Sean Combs was violent towards both Cassandra Ventura and “Jane”. The judge took no position on what the likely sentence would be.

• What Happens Next?

Judge Subramanian ordered that the sentencing hearing be held on October 2, 2025 (three months from now), but the defense immediately requested an expedited sentencing. The defense is seeking the expedited sentencing because once Mr. Combs is sentenced, he almost certainly will be transferred by the Bureau of Prisons out of the hellish MDC. He likely will serve any additional time in a low security prison or a barracks-style prison camp.

So, I would expect the sentencing to take place in August or September. At that time, the big fight likely will be about whether Sean Combs should be assessed additional sentencing points (a) as an “organizer” of the criminal activity and (b) on the basis of “coercion” in the course of the criminal activity.

We will see.