Diddy could get a 20-year prison sentence but the reality probably won't be anything close to that
The two Mann Act counts for which he was convicted, related to transporting victims for prostitution, still carried a combined sentence of up to 20 years in prison, said Assistant US Attorney Maurene Comey Wednesday, urging the judge to keep Combs in jail until his sentencing hearing.
"The maximum sentence the defendant faces is 20 years in prison under the two statutes of which he's been convicted now," Comey said.
While Combs could get a severe sentence, he's not likely to get anything close to 20 years.
"Even though the Mann Act carries a potential 10-year maximum sentence, Diddy is going to get time served or close to it," said Neama Rahmani, the president of West Coast Trial Lawyers and a former federal prosecutor. "His sentencing guideline range may be as low as 15-21 months."
The sentence will ultimately be decided by US District Judge Arun Subramanian, who presided over the trial in a lower Manhattan courtroom.
In a letter to the judge later on Wednesday, prosecutors said that sentencing guidelines called for more like five years in prison.
Even though Combs was acquitted of racketeering and sex-trafficking charges, which could have resulted in a lifelong prison sentence, prosecutors said Subramanian should still take into account the violence and drug use that witnesses testified about. They estimated a sentence of between 4 years and 3 months to 5 years and 3 months, but cautioned that they were still evaluating a sentencing recommendation and may come up with a new estimate before the hearing.
Combs' attorneys say the sentencing guidelines point to a range of 21 to 27 months, and that he would be entitled to even less time behind bars.
Nadia Shihata, a former Assistant US Attorney who prosecuted R. Kelly on racketeering related to sex abuse, said a 20-year sentence was unlikely even if Subramanian takes a broad view of the evidence.
In order to get 20 years, prosecutors will have to ask the judge to consider acquitted conduct, Shihata said.
Even though those predicates and sex trafficking weren't proved at trial, the judge can decide if there was a perponderance of evidence proving those acquitted crimes.
Shihata believes it's unlikely the judge "will give him anywhere near 20 years."
Combs has already spent 10 months incarcerated in the Metropolitan Detention Center, which would count toward any sentence decided by Subramanian.
The judge on Wednesday indicated he is already considering Combs' violent conduct, which his lawyers had admitted to jurors at trial. Subramanian did not grant Combs bail to allow him to be released from custody ahead of the sentencing hearing, noting that the trial evidence demonstrated he couldn't prove he wouldn't be a danger to those around him.
"This type of violence, which happens behind closed doors in personal relationships, sparked by unpredictable bouts of anger, is impossible to police with conditions," Subramanian said. "Having conceded the defendant's propensity for violence in this way, it is impossible for the defendant to demonstrate by clear and convincing evidence that he poses no danger to any other person or the community."
Subramanian set a tentative sentencing hearing date for October 3, but said it may be sooner depending on whether the federal sentencing commission could prepare a report on a recommended sentence before then.
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Black America Web
20 minutes ago
- Black America Web
What Is The Mann Act? Understanding Diddy's ‘Guilty' Verdict
Source: ANGELA WEISS / Getty The sex trafficking trial against Sean 'Diddy' Combs captivated audiences for weeks. A jury ultimately rendered a verdict acquitting the disgraced mogul of the most serious charges and found him guilty on two counts of violating the Mann Act. Diddy is an icon, but the Bad Boy Records founder has a mixed reputation. His contributions to music and the culture have earned him love and praise, but there have always been whispers of his abuse across the industry. It wasn't until video of him assaulting then-girlfriend Cassie at the Intercontinental Hotel gave credence to the rumors. His mask had been torn away, and the monster underneath unveiled through hours of harrowing testimonies. While the jury didn't find him guilty of racketeering and conspiracy, aka RICO, Cassie's brave testimony paved the way for him to be found accountable through the Mann Act. The United States passed The Mann Act into law in 1910. James Robert Mann authored the law. Mann was an Illinois congressman with deep concerns about what he considered immoral behavior infiltrating the fabric of the nation, especially via the corruption of White women. Legislators called it the 'White-Slave traffic Act' previously. It represented moral panics that followed the loosening of social restrictions following the Industrial Revolution. According to archives from the U.S. Department of Justice, this law currently 'prohibits transporting any individual in interstate or foreign commerce for the purpose of engaging in prostitution or other sexual activity for which any person can be charged with a criminal offense, and related crimes.' In 1910, the act had a broader definition. It stated women could not be transported across state lines 'for the purpose of prostitution or debauchery, or for any other immoral purpose.' Citizens criticized for its broadness, prompting amendments. Lawmakers updated the definition in the 1980s. They repealed the highly subjective phrase 'immoral purpose.' The jury in the Diddy trial heard from several self-professed sex workers. They described traveling to engage in the 'freakoffs' that were at the center of the trial. The Mann Act carries a maximum penalty of 10 years in prison and a fine. The government prosecuted several other Black celebrities and other high-profile figures under the Mann Act. R. Kelly received Mann Act charges. Jurors convicted him of several counts of violating the Mann Act in 2021. Kelly attempted to have his convictions overturned on appeal recently. He was denied. The government used the law to prosecute the rock musician Chuck Berry and Jack Johnson, the first Black man to become a heavyweight boxing champion. Johnson was convicted in 1912, shortly after the law was enacted, despite the 'prostitute' in question being his white girlfriend who would later become his wife. Berry's 1960 arrest was fictionalized in the 2008 film Cadillac Records . Courts used the law to broadly condemn consensual interracial sex legally, in come cases. That does not explain every application. Johnson's paramour, turned spouse, wholly refused to testify against him. Witnesses testified against Combs. Each charge of the Mann Act carries a potential maximum penalty of up to 10 years in prison. Defense lawyers argued the Mann Act was being selectively enforced in Combs' case. They accused prosecutors of being employed to destroy a successful Black man for engaging in a common, but technically criminal, practice, the New York Times reported. Juries convict average people under the Mann act. But it is overall rare and 'a very small percentage of prosecuted federal cases,' according to Bobby Taghavi, who spent over a decade serving at the Orange County District Attorney's office, where he dealt with well-known cases and prosecuted violent sex offenders. He explained his understanding of the frequency of the law's use in a statement to HelloBeautiful . 'It is more commonly used in high-profile, complex, or cross-jurisdictional cases, such as cases involving transportation of minors, sex trafficking rings, and celebrities, or public figures,' continued Taghavi who is currently a National Managing Partner of the personal injury firm Sweet James. 'Normally, such human trafficking and prostitution cases are prosecuted in State Court, and commonly in federal court it is a supplemental charge to RICO.' Neama Rahmani, a former federal prosecutor and legal commentator, told PEOPLE that it's likely Combs will get 'little to no time.' 'He may even get time served and prostitution has a 10 year maximum,' he said. 'But the fact that he was acquitted of the most serious counts. The government would not have brought this case had they thought they could only get prostitution.' The court declined to release Combs after the verdict. DON'T MISS: Horrifying Surveillance Footage Shows Diddy Physically Attacking Cassie In 2016 Janice Smalls Combs Breaks Her Silence Regarding Her Son, Sean 'Diddy' Combs Misa Hylton Reacts To Diddy's Leaked Assault Hotel Video SEE ALSO What Is The Mann Act? Understanding Diddy's 'Guilty' Verdict was originally published on
San Francisco Chronicle
11 hours ago
- San Francisco Chronicle
Sean 'Diddy' Combs gets standing ovation from inmates after court victory, his lawyer says
NEW YORK (AP) — Sean 'Diddy' Combs got a standing ovation from fellow inmates when the music mogul returned to jail after winning acquittals on potential life-in-prison charges, providing what his lawyer says might have been the best thing he could do for Black incarcerated men in America. 'They all said: 'We never get to see anyone who beats the government,'' attorney Marc Agnifilo said in a weekend interview days after a jury acquitted Combs of sex trafficking and racketeering conspiracy charges. Combs, 55, remains jailed after his Wednesday conviction on prostitution-related charges and could still face several years in prison at an upcoming sentencing after being credited for 10 months already served. After federal agents raided his homes in Los Angeles and Miami in March 2024, the lawyer said he told Combs to expect arrest on sex trafficking charges. 'I said: 'Maybe it's your fate in life to be the guy who wins,'' he recalled during a telephone interview briefly interrupted by a jailhouse call from Combs. 'They need to see that someone can win. I think he took that to heart.' Blunt trial strategy works The verdict came after a veteran team of eight defense lawyers led by Agnifilo executed a trial strategy that resonated with jurors. Combs passed lawyers notes during effective cross examinations of nearly three dozen witnesses over two months, including Combs' ex-employees. The lawyers told jurors Combs was a jealous domestic abuser with a drug problem who participated in the swinger lifestyle through threesomes involving Combs, his girlfriends and another man. 'You may think to yourself, wow, he is a really bad boyfriend,' Combs' lawyer Teny Geragos told jurors in her May opening statement. But that, she said, 'is simply not sex trafficking.' Agnifilo said the blunt talk was a 'no brainer." 'The violence was so clear and up front and we knew the government was going to try to confuse the jury into thinking it was part of a sex trafficking effort. So we had to tell the jury what it was so they wouldn't think it was something it wasn't,' he said. Combs and his lawyers seemed deflated Tuesday when jurors said they were deadlocked on the racketeering count but reached a verdict on sex trafficking and lesser prostitution-related charges. A judge ordered them back to deliberate Wednesday. 'No one knows what to think,' Agnifilo said. Then he slept on it. Morning surprise awakes lawyer 'I wake up at three in the morning and I text Teny and say: 'We have to get a bail application together," he recalled. 'It's going to be a good verdict for us but I think he went down on the prostitution counts so let's try to get him out.' He said he 'kind of whipped everybody into feeling better' after concluding jurors would have convicted him of racketeering if they had convicted him of sex trafficking because trafficking was an alleged component of racketeering. Agnifilo met with Combs before court and Combs entered the courtroom rejuvenated. Smiling, the onetime Catholic schoolboy prayed with family. In less than an hour, the jury matched Agnifilo's prediction. The seemingly chastened Combs mouthed 'thank you' to jurors and smiled as family and supporters applauded. After he was escorted from the room, spectators cheered the defense team, a few chanting: 'Dream Team! Dream Team!' Several lawyers, including Geragos, cried. 'This was a major victory for the defense and a major loss for the prosecution,' said Mitchell Epner, a lawyer who worked with Agnifilo as a federal prosecutor in New Jersey over two decades ago. He credited 'a dream team of defense lawyers' against prosecutors who almost always win. Agnifilo showcased what would become his trial strategy — belittling the charges and mocking the investigation that led to them — last September in arguing unsuccessfully for bail. The case against Combs was what happens when the 'federal government comes into our bedrooms,' he said. Lawyers gently questioned most witnesses During an eight-week trial, Combs' lawyers picked apart the prosecution case with mostly gentle but firm cross-examinations. Combs never testified and his lawyers called no witnesses. Sarah Krissoff, a federal prosecutor in Manhattan from 2008 to 2021, said Combs' defense team 'had a narrative from the beginning and they did all of it without putting on any witnesses. That's masterful.' Ironically, Agnifilo expanded the use of racketeering laws as a federal prosecutor on an organized crime task force in New Jersey two decades ago, using them often to indict street gangs in violence-torn cities. 'I knew the weak points in the statute,' he said. 'The statute is very mechanical. If you know how the car works, you know where the fail points are.' He said prosecutors had 'dozens of fail points.' 'They didn't have a conspiracy, they just didn't,' he said. 'They basically had Combs' personal life and tried to build racketeering around personal assistants.' Some personal assistants, even after viewing videos of Combs beating his longtime girlfriend, Casandra 'Cassie' Ventura, had glowing things to say about Combs on cross examination. Once freed, Combs likely to re-enter domestic abusers program For Combs, Agnifilo sees a long road ahead once he is freed as he works on personal demons, likely re-entering a program for domestic batterers that he had just started before his arrest. 'He's doing OK,' said Agnifilo, who speaks with him four or five times daily. He said Combs genuinely desires improvement and 'realizes he has flaws like everyone else that he never worked on.' 'He burns hot in all matters. I think what he has come to see is that he has these flaws and there's no amount of fame and no amount of fortune' that can erase them," he said. 'You can't cover them up." For Agnifilo, a final surprise awaited him after Combs' bail was rejected when a man collapsed into violent seizures at the elevators outside the courtroom. 'I'm like: 'What the hell?'' recalled the lawyer schooled in treating seizures. Agnifilo straddled him, pulling him onto his side and using a foot to prevent him from rolling backward while a law partner, Jacob Kaplan, put a backpack under the man's head and Agnifilo's daughter took his pulse. 'We made sure he didn't choke on vomit. It was crazy. I was worried about him,' he said.
Yahoo
17 hours ago
- Yahoo
How the Sean Combs Verdict May Have ‘Chilling Effect' on Cases for Abuse Victims
Follow all of our Sean Combs trial coverage When a jury of eight men and four women cleared Sean Combs of sex trafficking and racketeering conspiracy charges on Wednesday – the most severe charges leveled against him by federal prosecutors – reaction was decidedly mixed. More from Rolling Stone Sean Combs Alternate Juror Speaks Out Beating RICO Charges Doesn't Make Diddy a Hero Charlize Theron on Why She Won't Reveal Name of Director She Alleges Sexually Harassed Her Combs' supporters cheered the news as a total vindication. While he was convicted of two lesser counts of transportation to engage in prostitution and conceded during the trial that was physically violent in his personal relationships, he was acquitted on the top counts and avoided the worst-case scenario of a possible life sentence. The national women's advocacy group UltraViolet called the verdict a 'stain on the criminal justice system,' and 'an indictment of a culture in which not believing women and victims of sexual assault remains endemic.' Legal experts say the verdict was also a big loss for the team of prosecutors who tried the case for the U.S. Attorney's Office in the Southern District of New York. Yes, the prosecutors managed to convict Combs of two counts under the Mann Act – securing some sort of prison sentence for the rich and powerful defendant. But that was the 'low-hanging fruit' in the government's sprawling case, Alyse Adamson, a former assistant U.S. attorney for the District of Columbia, tells Rolling Stone. 'This is a huge, huge blow,' Adamson says, referring to prosecutors and the complicated case they put on with 34 witnesses over nearly two months of trial. 'This is a huge win for Combs.' For other prosecutors, this could make them think twice about using RICO in a 'novel' way, she says. 'Obviously, they were using the RICO to try to bring charges against Combs that they otherwise couldn't bring because the statute of limitations had already run,' she explains. 'The problem,' according to Adamson, is that the Racketeer Influenced and Corrupt Organizations (RICO) Act enacted in 1970 is understood as something used to go after mob bosses, and 'this Combs 'enterprise' wasn't really a clearly defined and structured organization' that you see in a typical RICO case. 'I think they had evidence that somebody had been doing bad things for a long time, and the prosecutors wanted to bring a righteous prosecution to try to catch him, and I think they just were a little over their skis,' Adamson says. Brad Bailey, another former federal prosecutor who now works as a defense attorney in Boston, says the verdict 'certainly suggests an overreach on the part of the Southern District.' 'They've expended a great deal of resources. Six prosecutors on the case is an inordinately high number to commit to any one case. They also have committed a great deal of law enforcement resources in terms of the investigating agents. There was a big splash with the high-profile searches with guns drawn at his residences … so this is an embarrassment in terms of what could have been an overreach,' Bailey says. 'On the other hand, you never know what type of factor notoriety and fame place on these cases, and that's always the wild card – the unknown X factor.' Bailey noted that the jury signaled more than once to the judge that they were having trouble reaching consensus with the clock ticking. When they were selected, the judge told them he expected they would be finished with the trial by the Fourth of July holiday this week. 'My guess is that this is a jury that was tired and wanted to go home and there was contentiousness in there,' Bailey says, 'and they just decided that this was the proper reflection of the evidence as presented.' 'I'm as pro-prosecution as they come. But you have to respect the jury verdict. The jurors rejected these allegations. This was a failed prosecution,' Neama Rahmani, a former federal prosecutor now working as a victims' rights attorney in Los Angeles, tells Rolling Stone. Rahmani says the outcome of Combs' very high-profile trial will likely have a chilling effect on the willingness of other victims and prosecutors to move forward with other cases. 'There's no question,' he says. 'Imagine going and testifying before 12 strangers and telling them that you were urinated on in your mouth … that you were forced to have sex on your period or while you had UTIs, and the jurors don't believe you? You're talking about the most graphic, explicit, personal details of your sex life, and they think you're a liar. 'I've had maybe over 100 conversations in my office when I'm talking to a victim, and I explained what a civil or criminal trial entails and that you're going to have to testify publicly and you're going to be cross-examined and you have to tell your story and relive your trauma in a very public way,' he adds. 'Eight out of 10 say they can't do it. After this, it's probably going to be nine out of 10.' Adamson agrees. 'It is already extremely difficult to have victims testify. That is a traumatizing experience, no matter the outcome,' she says. 'So this is definitely not going to make it any easier to convince witnesses and victims to come forward, for sure.' Jay Clayton, the U.S. Attorney for the Southern District of New York, released a statement after the Combs verdict was delivered, saying he wanted to 'recognize the important work' of the SDNY's work seeking to combat human trafficking. He did not mention Combs by name. 'Sex crimes deeply scar victims, and the disturbing reality is that sex crimes are all too present in many aspects of our society. Victims endure gut-wrenching physical and mental abuse, leading to lasting trauma. New Yorkers and all Americans want this scourge stopped and perpetrators brought to justice,' Clayton said. 'Prosecuting sex crimes requires brave victims to come forward and tell their harrowing stories. We and our law enforcement partners recognize the hardships victims endure and have prioritized a victim-centered approach to investigating and prosecuting these cases.' Best of Rolling Stone Sly and the Family Stone: 20 Essential Songs The 50 Greatest Eminem Songs All 274 of Taylor Swift's Songs, Ranked
