Topline
Music mogul Sean “Diddy” Combs will be sentenced by a federal judge Friday following his conviction on two prostitution counts, and although he was acquitted on some of the most serious charges and escaped the possibility of life in prison, legal experts tell Forbes he could still face about five or more years behind bars.
Sean “Diddy” Combs will be sentenced Friday, months after a jury found him guilty on two counts of transportation to engage in prostitution. (Photo by Shareif Ziyadat/Getty Images for Sean “Diddy” Combs)
Getty Images for Sean “Diddy” Combs
Key Facts
Combs was convicted in July for two violations of the Mann Act, which outlaws transporting people across state lines for prostitution purposes, and his lawyers and prosecutors have asked the judge for very different sentences: Combs’ defense is pushing for a 14-month sentence, while prosecutors asked for 11 years.
Legal experts told Forbes the sentence will likely fall somewhere in the middle, noting federal probation officials have recommended a sentence of between five and seven years based on federal sentencing guidelines.
Former federal prosecutor Mark Chutkow told Forbes he “wouldn’t be surprised” if Combs gets “something in the range of five to seven years” in prison, noting the judge may choose to follow the probation office’s recommendation because he feels both prosecutors and defense attorneys made compelling arguments in their sentencing recommendations.
Veteran trial and appellate lawyer Mark Zauderer told Forbes he thinks Combs will “come out with a few years of sentencing,” noting he could escape a tougher sentence because he doesn’t have any prior criminal convictions.
In their lengthy sentencing recommendations to the judge, both of which spanned more than 160 pages, prosecutors and defense attorneys sparred over whether the court should consider arguments presented at trial that supported the charges Combs was acquitted on—racketeering conspiracy and sex trafficking—as a factor in his sentencing.
News Peg
Judge Arun Subramanian rejected a request by Combs’ lawyers late Tuesday to either grant the rap mogul a new trial or toss his convictions. The move was the latest attempt by Combs’ attorneys to get the rapper out of jail ahead of his sentencing, as Subramanian had already rejected multiple requests to release Combs on bail.
Why Are Prosecutors Arguing For An 11-Year Sentence?
Prosecutors wrote in a more than 160-page filing earlier this week the court should hand Combs a sentence of no less than 135 months, which is just over 11 years. Though prosecutors acknowledged in their filing Combs cannot be punished for crimes he was acquitted of, they said the court “must take into account the manner in which he committed” the prostitution crimes, arguing that during the trial, Combs had conceded to “violence, domestic abuse, drug use and distribution, and bribery.” Combs’ attorneys acknowledged during trial he had engaged in violent behavior, including in hotel surveillance footage that was played multiple times for the jury depicting him attacking his ex-girlfriend, singer Cassie Ventura, but argued that was not evidence of sex trafficking. Prosecutors asked the judge to consider Combs’ “history and pattern of violence,” citing testimony and letters to the court submitted by former employees who accused the mogul of abuse and exploitation. “Given the seriousness and duration of the offense conduct, as well as his decades of unchecked violence,” prosecutors wrote, Combs should face a “substantial sentence” that reflects the “psychological, emotional, and physical damage he has inflicted.”
How Are Diddy’s Lawyers Pushing For A Light Sentence?
Combs’ lawyers are asking the judge for a 14-month sentence, which would effectively allow Combs to walk free by the end of 2025 considering the year he’s spent behind bars during his trial. His defense attorneys are arguing the Mann Act charges are inappropriate because Combs did not personally profit from his “freak-off” sex performances, and that the court should not consider evidence that was presented during trial to support charges he was acquitted of. His attorneys wrote in a court filing Combs and his former girlfriend “voluntarily crossed state lines and had consensual sex,” stating they are “unaware of any other Mann Act prosecution based on such conduct.” Chutkow told Forbes Combs is arguing he was “acquitted at trial and therefore, the jury implicitly rejected all of the elements of those acquittals, including force, coercion and fraud.” Much of the testimony presented during trial, including a week-long testimony by Ventura, focused on Combs’ allegedly violent behavior. Chutkow said Combs’ lawyers are arguing his relationship with Ventura “may not be the relationship that you would have, but these are consensual adults” who engaged in behavior that “may not be prototypical, but was not criminal.”
What Charges Was Diddy Convicted On?
A jury found Combs guilty on two counts of transportation to engage in prostitution, one count of which concerned Ventura, while the other concerned another ex-girlfriend who testified under the pseudonym “Jane.” Each guilty verdict carries a maximum sentence of 10 years, meaning Combs could face up to two decades in prison. During Combs’ trial, prosecutors argued he transported his former girlfriends across state boundaries to participate in drug-fueled, marathon sex performances with male sex workers he called “freak-offs” or “hotel nights.” The jury acquitted him on more serious charges of sex trafficking—which would’ve required prosecutors to prove his former girlfriends were transported for sex through force, fraud or coercion—and racketeering, which could have landed him in prison for life.
What Other Legal Challenges Await Diddy?
Combs’ legal battles won’t end with his sentencing, as he still faces at least 50 civil lawsuits accusing him of sex trafficking and sexual assault, among other allegations. Legal experts told Forbes these suits will play out even if the rap mogul is in prison, and he could have to pay monetary damages if he is found liable. Chutkow told Forbes Combs’ several acquittals in his criminal case do not mean he can’t be found liable in a civil case, noting civil lawsuits require a lower standard of proof to find a defendant liable. He noted O.J. Simspon was acquitted in a federal criminal trial on murder charges, but was later found liable for the deaths of Nicole Brown Simpson and Ronald Goldman in a civil suit and was ordered to pay more than $33 million.
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