The comparison between the indictment against Sean 'Diddy' Combs and the R. Kelly case, highlighting a significant distinction.
But Combs' case mirrors R. Kelly's in a different way: In both instances, prosecutors employed a unique application of the Racketeer Influenced and Corrupt Organizations Act (RICO) to indict them on allegations of utilizing power and fame to manipulate resources, businesses, and individuals who answered to them to commit crimes – and attempt to conceal them.
"Undeniably, there are similarities between these cases," stated Nadia Shihata, the former federal prosecutor who handled the 2021 case against Kelly in the Eastern District of New York, one of two trials that led to Kelly's downfall.
"Indisputably, the actions in each case differ. However, there's this notion of a renowned figure utilizing the personnel and entourage at their disposal to facilitate severe sexual violence crimes," Shihata explained to CNN, "and to apply coercion and control over victims to persuade them into engaging in sexual activity they otherwise wouldn't."
Currently, Kelly is imprisoned for 30 years due to the New York trial for racketeering and sex trafficking charges and 20 years for another trial in the Eastern District of Illinois, where he was convicted on child pornography and enticement of a minor charges. Kelly has since appealed both convictions, and in July petitioned the US Supreme Court to overturn his Illinois conviction, claiming the charges fell outside the statute of limitations.
Meanwhile, Combs was indicted in the Southern District of New York on three counts: racketeering conspiracy, sex trafficking, and transportation to engage in prostitution. He has pleaded not guilty and faces up to life in prison if convicted.
A significant difference between the two cases is that the Kelly trials involved underage victims, whereas Combs has not been accused of wrongdoing against minors – and such a defense strategy could emerge from Combs' attorneys, arguing that his alleged victims were willing participants.
Regardless, the accusations against Combs are "extremely severe charges," said civil rights attorney and CNN Legal Analyst Areva Martin, bearing a striking resemblance to those against Kelly in New York – "another music icon, who is now incarcerated for 30 years for remarkably similar allegations that were levied against him in New York and then ultimately resulted in a conviction at trial."
Leveraging a business empire
The RICO statute, enacted in 1970, was designed to prosecute organized crime affecting interstate commerce. Any racketeering case centers around a so-called “enterprise,” or the group engaged in the alleged misconduct – think, the Mafia.
However, the use of RICO to prosecute Kelly was considered a "pioneering use" of the statute against a single individual, and the Combs case "follows the same legal structure," according to CNN's Chief Law Enforcement and Intelligence Analyst John Miller. He described the strategy as a "creative alteration to prosecute individuals whose own wealth and corporations were utilized to facilitate a continuing pattern of serious crimes."
"The R. Kelly case, the investigation by (Homeland Security Investigations), the prosecution as a RICO case was an unusual federal prosecution, with an unique structure," Miller said. "And it truly became a model, not only for the P. Diddy investigation, but likely for the Southern District and how they constructed this case."
When the Eastern District of New York indicted Kelly under the RICO Act – the Illinois indictment did not rely on the statute – it identified Kelly as the head of an enterprise made up of the singer and his entourage, including managers, bodyguards, drivers, and personal assistants.
The enterprise's goal, the EDNY indictment stated, was not only to promote Kelly and his music, but to also "recruit women and girls to engage in illegal sexual activity with Kelly."
In particular, EDNY prosecutors claimed Kelly would select girls and women from his concert crowds, and then direct others within the enterprise to bring them backstage. The enterprise would then arrange for the girls and women to visit Kelly, and that’s when the sexual crimes would occur, including the production of child pornography.
Now, across the East River, SDNY prosecutors allege Combs was the leader of his own enterprise, comprising various businesses and employees, including security, household staff, and personal assistants. Some of its objectives were legitimate – to promote Combs as a musician and to operate his extensive business empire, which the indictment cites as spanning record labels, a studio, a clothing line, a marketing agency, and a spirit liquor business.
However, the enterprise also engaged in a variety of crimes, like sex trafficking, forced labor, kidnapping, arson, bribery, and obstruction of justice, the indictment alleges. And for a decade, Combs "abused, threatened, and coerced women and others around him to fulfill his sexual desires, protect his reputation, and conceal his conduct."
Combs' enterprise "enabled" this behavior, the indictment states, by paying off victims, manipulating their career opportunities, or obtaining drugs to maintain their compliance. Members of the enterprise also witnessed acts of violence by Combs against the victims, it claims. Instead of intervening, they worked to conceal it.
One advantage of an RICO conspiracy is that it enables the SDNY to broaden the scope of its prosecution, said Neama Rahmani, a former federal prosecutor and the president of West Coast Trial Lawyers.
The Manhattan U.S. Attorney's Office accusations seem to align with the alleged assault, using it as proof for the racketeering conspiracy charge.
"A wide range of actions can be considered relevant or predicate acts, even if they're not federal offenses," stated Rahmani, continuing, "It adds a ton of evidence, a ton of crimes, and frankly, a ton of individuals as well."
It's yet to be determined if any additional individuals will be indicted in relation to the Combs case allegations.
The main contrast
Unlike Kelly's victims who were underage, the SDNY hasn't accused Combs of targeting minors, marking a significant difference between their cases.
The indictment against Combs mentions various alleged victims, including women and sex workers, but it doesn't specify their number. Combs' lawyer has argued that the case revolves around a single victim – the sex trafficking charge hinges on claims about a single, unnamed victim – while federal prosecutors have stuck to their claim of multiple victims.
This discernment, the issue of consent, might turn out to be a major aspect of Combs' defense, suggested Rahmani, referring to it as "the only substantive defense."
"He won't claim it didn't occur, or it was someone else," Rahmani stated. "Clearly, consensual sex between adults is legal, as long as there's no force, deceit, or coercion – that's what makes it trafficking – or any commercial aspect – that's what makes it prostitution."
"His sole hope of winning this case depends on witnesses testifying and jurors believing that it was consensual."
Miller concurred: Kelly's underage victims couldn't give consent, he pointed out, "while the primary focus of Combs' defense will be on these wild parties filled with adults willingly participating in sex, drugs, and hip hop, and everyone was having a great time until they weren't."
CNN's Eric Levenson contributed to this report.
"Similarly to Combs, Kelly's case also involves the use of his entourage to facilitate criminal activities."
"Furthermore, the alleged victims in both cases were coerced into engaging in activities against their will, despite their initial consent due to the power and influence of the defendants."
