What’s next in the federal investigation into Sean “Diddy” Combs and his alleged associates?

New York
CNN
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Sean “Diddy” Combs, arrested this week on charges of conspiracy to commit racketeering and human trafficking, pleaded not guilty Tuesday and was ordered to remain in custody pending his federal trial in New York.

So what’s next for the 54-year-old music mogul? And what about the anonymous employees and associates accused of conspiring with him?

Damian Williams, the U.S. attorney for the Southern District of New York, who filed the indictment, did not clearly answer whether Diddy or others face additional charges.

“I can’t take anything off the table. Anything is possible,” he said. “Our investigation is very active and ongoing, and I think many of you who cover this office know that when we say things like that, the outcome is certainly predictable, but I can’t predict it sitting here today.”

Multiple witnesses who worked for Combs have met with prosecutors, a source familiar with the federal investigation told CNN. At least one sex worker is expected to testify before a grand jury in the coming days, according to the source, who added that the witness allegations go beyond the details contained in this week’s indictment.

Prosecutors said earlier they had interviewed more than 50 victims and witnesses in the case.

CNN spoke with several legal experts to try to understand what lies ahead for Combs and those in his circle. Experts do not expect a plea deal for the music mogul, noting that the charges against him could expand even further.

“I’ll be very curious, especially given the fact that he’s being held without bail, whether that will encourage other victims to come forward,” said Shea Rhodes, director of the Villanova Law Institute, which combats commercial sexual exploitation.

As for those suspected of involvement in Combs’ criminal activities, experts highlighted difficult questions facing prosecutors about whether to charge them or persuade them to testify against him.

“The prosecution will have to deal with witnesses who have troubled pasts or who admit to participating in criminal activity,” said defense attorney Misty Marris. “There are a lot of people in this extortion case with dirty hands.”

A series of legal decisions made over the past few days have set the course for Combs’ development.

Combs, 54, pleaded not guilty Tuesday to federal charges of conspiracy to commit extortion, human trafficking and transportation for the purpose of prostitution. The indictment alleges that he “abused, threatened and coerced women and others in his social circle to fulfill his sexual desires, protect his reputation and conceal his conduct.” It also alleges that he created a criminal enterprise that engaged in “human trafficking, forced labor, kidnapping, arson, bribery and obstruction of justice.”

He faces up to life in prison if convicted of conspiracy to commit extortion. The human trafficking charge carries a statutory minimum sentence of 15 years in prison.

He will remain in federal custody ahead of the trial after his lawyers lost an appeal Wednesday of a judge’s decision to deny him bond. In his ruling, Judge Andrew Carter said there were no conditions that would reduce the risk of witness tampering or obstructing testimony.

Combs’ attorney, Marc Agnifilo, told CNN he will appeal the verdict again.

While many federal cases end in a plea deal, Agnifilo said that wasn’t likely between Combs and prosecutors, and he said he plans to take the case to trial. “I believe he’s innocent of the charges and he’ll go to trial, and I believe he’ll win,” he told CNN on Tuesday.

Marris said a plea deal was unlikely, in part because of the mandatory minimum sentence of 15 years in prison for sex trafficking.

“I think the defense is really saying, ‘OK, we’re going to go to trial because it’s unlikely that any settlement would be that favorable,’” she said. “We’re talking about charges that carry a minimum sentence of 15 years in prison. The idea that a settlement would be something that would have a less than severe sentence just doesn’t work in this case.”

In addition, Combs could potentially face additional criminal charges. Prosecutors said the investigation remains “active and ongoing,” and they issued a public appeal for potential victims to contact authorities.

Rhodes said it will be difficult for victims to come forward, especially given the accusations of violence from those who have tried to speak out in the past.

“It’s the shame and the fear of whether anyone will believe you. (Also) if these accusations that he just involved his entire organization in covering up what was going on, who isn’t behind bars and can’t use additional scare tactics or instill additional fear in survivors who want to come forward?” she said.

Still, don’t expect more charges against Combs, CNN senior legal analyst Elie Honig said. That’s because the extortion conspiracy charge is so broad that it encompasses a range of offenses, including, according to the indictment, “sex trafficking, forced labor, kidnapping, arson, bribery and obstruction of justice.”

The federal indictment against Combs alleges that he participated in a wide-ranging conspiracy involving staff, assistants, supervisors and associates to commit extortion from 2008 to the present.

According to the indictment, the Combs Enterprise consisted of Combs, the leader, business entities, including his record label Bad Boy Entertainment, and employees and associates, including security personnel, domestic staff, personal assistants and high-ranking executives.

“Members and associates of Combs Enterprise engaged in, or attempted to engage in, among other things, sex trafficking, forced labor, interstate transportation for the purpose of prostitution, coercion and inducement of prostitution, drug offenses, kidnapping, arson, bribery, and obstruction of justice,” the indictment reads.

Despite these serious accusations, he is the only one to be charged. Why?

Several legal experts said the lack of charges against people in Combs’ entourage raises the possibility that they are cooperating with prosecutors.

“There are other people who could be said to have been his enablers who the government is not considering, who want to help the government prove its case,” said CNN legal analyst Joey Jackson.

Marris said prosecutors could choose to grant alleged co-conspirators immunity or enter into non-testimony agreements to force them to testify against Combs.

“The reason prosecutors are doing this is because Diddy is the target in this case,” Marris said. “In order to have a solid case against him, information is necessary, and testimony is necessary.”

Moreover, the lines between victim, witness, and offender can be surprisingly blurred. Rhodes called this the “victim-offender overlap,” noting that it is particularly evident in cases of sexual assault and human trafficking.

For example, in the sex trafficking case involving Ghislaine Maxwell, several women who testified as victims said they also recruited others to engage in sexual relations.

“Just because a prosecutor can charge someone with co-conspiratory doesn’t mean they should,” Rhodes said. “(Prosecutors) could charge one of these victims with co-conspiratory for recruiting, but that’s not appropriate.”

Were some of Combs’ alleged co-conspirators also victims of other acts of violence? Combs’ indictment suggests as much, stating that one of the goals of the criminal enterprise was to “ensure the absolute loyalty of members of the Combs Enterprise, including through acts of violence and threats.”

The best indicator of Combs’ path forward is to look at another recent case of racketeering.

Nadia Shihata, a former federal prosecutor who brought an extortion case against singer R. Kelly, told CNN that Combs may or may not face other charges in the case.

“Of course, additional individuals could be charged. It is also possible that additional individuals have already been charged, have pleaded guilty and are cooperating in the case,” she said. “The fact that this is an extortion indictment that is based on an enterprise does not necessarily mean that additional individuals will be charged.”

For example, in the R. Kelly case—which Shihata acknowledged had some key similarities to Diddy’s—no one else was charged with extortion. During the trial, some of his former employees testified against him, including his general assistant and tour manager. Kelly was ultimately found guilty.

Honig said prosecutors typically have discretion to decide how wide to cast the net in extortion cases.

“You can decide to burden everyone. Or you can decide to target only the top players,” he said. “(You can say) ‘I’m going to focus my resources and attention on the bosses, the heavy hitters, and I’m not going to burden this bill with more peripheral players.’”