Tag: federal investigation

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Diddy Scandal: Ways Agents Handle Insanely Sensational Cases

INTRODUCTION

In Experts.com‘s previous blog post concerning American Hip-Hop artist, Sean “Diddy Combs, insight from Mr. Joseph E. Gunja, a Jails, Prisons, and Corrections expert, detailed jail protocols for the rich and famous. He awaits his May 2025 criminal trial in jail. According to the Manhattan Federal Court, Diddy faces sex trafficking, prostitution, and racketeering conspiracy charges (US DOJ).

Consequently, Diddy’s fame and tight-lipped potential witnesses separate this high-profile case from others. He and other Hollywood elites are, without a doubt, major influences in pop culture (BBC). Now, the public wonders which well-known figures perpetuated the decades-long abuse or faced abuse themselves. With contributions from Dr. James F. Pastor, a security and law enforcement expert witness, this blog post explains Diddy’s charges and how law enforcement and federal agents investigate multi-state crimes.

P Diddy Jail for Freak Offs - Police and Federal investigation.

DIDDY CRIMINAL CHARGES EXPLAINED

Diddy’s unsavory reputation certainly adds weight to his case, but his notoriety alone did not land him in criminal court. Below are definitions of Diddy’s criminal charges and their average sentences (United States v. Sean Diddy Combs):

  • Racketeering Conspiracy: A type of organized crime that can be affiliated with individuals, businesses, and corporations, in which a string of illegal crimes are committed. The purpose is to cement a false sense of legitimacy.*
    • Through the Combs Enterprise, Diddy used people within his organization to commit crimes on his behalf.
    • Sentence: Life in Prison (maximum).
  • Sex Trafficking: Transporting people from one area or country to another solely for sexual exploitation by force, fraud, or coercion. Prostitution can be part of sex trafficking.
    • Diddy has property in Los Angeles, Miami, and New York City. Crossing state borders with women under the influence and forcing them to join his “freak offs” explains the sex trafficking charge.
    • Sentence: Life in Prison (maximum); mandatory 15-year prison sentence.
  • Prostitution: While legal in some states, it becomes a criminal charge when someone exchanges money for nonconsensual sexual activity.
    • Diddy leveraged his power to coerce women into sexual activity with male commercial sex workers.
    • Sentence: 10-year prison sentence (maximum).

*Distinction*: Racketeering, Conspiracy, and Racketeering Conspiracy are three separate charges. Firstly, Racketeering involves committing crimes within an enterprise. Secondly, Conspiracy is an agreement between two or more people to commit a crime. Finally, Racketeering Conspiracy, Diddy’s charge, is when two or more people agree to participate in a criminal scheme to gain commercial profit. Although there isn’t a requirement, in most cases, the government will try to prove that the enterprise’s establishment was for illegal purposes (RICO).

Pills and Drugs used for Diddy Crimes across state borders.

Expert Q & A: Diddy Scandal Application

Insight from Dr. James A. Pastor – Security and Law Enforcement Expert

Question #1

Q1: How do police and/or federal agencies begin investigating large-scale, multi-state cases?

A: Typically, the initial decision goes to the state vs. federal jurisdiction. In the “Diddy” case, since the charges were brought in federal court, state authorities usually would not be involved—unless they participated in earlier stages of the investigation (which I tend to doubt). In this case, since evidence and witnesses may be derived from multiple areas around the country (or even internationally), the coordination of these investigations likely included US Attorney and FBI offices in several cities. How these resources are marshaled and organized is most likely done through the centralized decision-making of the lead prosecutor in NY.

Question #2

Q2: How is evidence determined, collected, and consolidated to build a prosecutable case?
Evidence Collection

A: This is a big question that is heavily dependent on the nature of the case, the resources devoted to the matter, and the level of cooperation involved within federal law enforcement. Since this is a “heater case,”* my sense is it is a high priority in the Justice Department, as they would not have brought the case if they were not serious about it. As such, the prosecutors surely have a great deal of information and have collected mountains of data, videos, photos, and witness statements. By the time this case becomes public, rest assured that the government has already substantially developed its case against Diddy.

How they collected the evidence typically commences with witnesses or complainants coming forward with allegations. If these allegations appear to have merit, it’s a matter of following up with the witnesses or complainants. Usually, this entails people naming other witnesses, providing photos or videos of the events, and supplementing these with other documentary evidence such as emails, news accounts, voice mails, and many other forms of evidence. In a case this big, with so many people who witnessed things through many years where Diddy’s parties and other events had such a wide array of attendees, the potential sources of information may be so vast as to be too large to effectively manage.

*A “heater case” is an ongoing case that generates significant media attention.*

Evidence Management

A: While I never handled anything so large, my sense is that when the momentum grows, people tend to come “out of the woodwork.” Many people knew of illegal or illicit activities but would not want to get involved. If (and this may have already occurred) those who desire to “tell their story” are influential and powerful, others may then feel free to communicate what they know. This is the tipping point moment.* If people come out of the “woodwork,” what was once only an isolated allegation may turn into a groundswell.

Collecting and managing this level of information then becomes its own challenge. If this occurs, then prosecutors will likely select the best-known, most attractive, and most articulate witnesses with specific factual claims to make their case. All other lesser-knowns will not be part of the legal proceeding and may only weigh in with news and media accounts.  

*For example, ex-girlfriend Cassie Ventura’s lawsuit against Diddy last November inspired women to share their experiences. (Washington Post).*

Interrogation Room - Diddy Scandal

Questions #3 – #5

Q3: What is the protocol for finding and interviewing witnesses?

A: Not sure there is any one protocol. Getting initial witnesses/complainants to “name names” is typically the initial key factor. Following up on these names, asking these people to tell their version of the events is the most likely sequence of the investigation. Prosecutors may offer immunity deals to some in the early stages of the investigation. Getting these people to make videotaped statements coupled with providing other independent evidence, again, like emails, photos, videos, and the like would be part of this protocol.

So, the adage holds true: follow the facts. As the investigation develops, leads develop into viable evidence, which, as a result, goes to other sources of evidence. It can certainly build upon itself into the “tipping point” described above.

Q4: How does law enforcement find witnesses willing to provide valuable information to the police?

A: People naming other people. Images of people in videos and photos. Emails, voice mails, news accounts, and a host of other sources.

Q5: What are some of the most common obstacles to coordinating multi-state investigations?

A: Usually money—resources and cooperation. Lack of cooperation may be the result of disinterest or of competition, where one agency holds back information or performs parallel investigations in the quest to make the arrest or be the one that gets the credit.

FBI - Diddy Scandal

Questions #6 & #7

Q6: Are there specific departments tasked with investigating Diddy’s separate charges? Or are all the law enforcement officers assigned to his case investigating all of them?

A: In this case, the FBI is likely the lead investigative unit. They have specialized units to manage the facts and circumstances derived from this case. Interviewing women who may have been sexually assaulted at a tender age is one such specialization. Being sensitive to the emotions and even the repressed memories requires skilled professionals who have experience in these investigations.

Q7: At what point during an investigation do federal agencies get involved?

A: It’s a federal case, and likely commenced as a federal case. My sense is that a local jurisdiction would not touch this as Diddy is too big, too rich, and too well-connected.

CONCLUSION

While the Diddy Scandal unravels and news unfolds, we will continue applying expert insight to the case. Thank you to Dr. James F. Pastor, Security and Law Enforcement expert, for taking the time to collaborate with Experts.com on the second blog of the Diddy Scandal series.

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Trump Lawyer Michael Cohen’s Home and Office Searched by Feds: Attorney-Client Privilege?

Yesterday, news broke about the FBI raiding the home and office of longtime Donald Trump attorney, Michael Cohen. All the major news outlets and talking heads are discussing the matter. Naturally, I felt I should join in and add some food for thought from the expert witness perspective. Assuming the case against Michael Cohen goes to trial, there are likely to be a variety of experts called to opine on different issues. At the time of this writing, reports indicate the federal government is investigating Mr. Cohen for both bank fraud and wire fraud.

Here is what we have learned since yesterday. According to NBC News:

“On Monday, the FBI raided the law office of Michael Cohen, President Donald Trump’s personal lawyer. They were seeking information about a $130,000 payment the attorney says he personally made to adult film star Stormy Daniels days before the 2016 election, sources told NBC News.

The search warrants were sought and executed by FBI agents and federal prosecutors in New York in coordination with special counsel Robert Mueller’s team after an initial referral from Mueller’s office.”

We have further discovered that Special Counsel Robert Mueller would have to consult with Deputy Attorney General Rod Rosenstein if his investigation discovered evidence unrelated to Russian interference in the US election. If such information was discovered, Rosenstein would then have to decide to expand the scope of Mueller’s investigation or refer the new investigation to another US Attorney’s office. It appears the Cohen investigation was referred to the US Attorney’s office for the Southern District of New York.

In essence, search and seizure of a lawyers office, where that lawyer maintains protected attorney-client communications, had to go near the top of the Justice Department. Thereafter, a warrant had to be approved by a federal judge, before the FBI could conduct the raid and seize these protected communications (among other evidence).

What about attorney-client privilege?

We should start with a simple definition of the attorney-client privilege. Here is a definition from Nolo.com: “The attorney-client privilege is a rule that preserves the confidentiality of communications between lawyers and clients. Under that rule, attorneys may not divulge their clients’ secrets, nor may others force them to.”

Finding the violation of attorney-client privilege a little disconcerting (note, I am not addressing the possible crime-fraud exception to the rule), I reached out to one of our legal and judicial ethics experts for comment. Experts.com member, Mark Harrison, Esq., is an Arizona-based civil and appellate litigator at the firm of Osborn Maledon, PA. He has extensive experience litigating and testifying in cases involving legal malpractice, legal ethics, and judicial ethics.

My request of Mr. Harrison was as follows, “Do you see any issues arising from this seizure related to fiduciary duties, attorney-client privilege, judicial ethics, or other items?”

Mr. Harrison provided me with a rather thorough explanation based on available information. Details about the subpoena or the documents seeking the subpoena have not been reported at this time. I have included several pertinent comments from Mr. Harrison, below:

“As I am sure you are aware, in order to get a subpoena issued in this situation the US Attorney had to satisfy a magistrate judge or a federal district judge that there was good cause for the issuance of the subpoena.

The potentially dicey ethics aspect involved in a situation of this kind is the risk that confidential client information – other than the information clearly covered by the subpoena – is inadvertently or unintentionally taken by the FBI officers executing the subpoena.”

According to news reports, none of us know whether Mr. Cohen has clients other than President Trump. If he does have other clients, Mr. Harrison explained, “the FBI officers executing the subpoena must exercise great care not to compromise the confidentiality afforded the information of other clients in Mr. Cohen’s files or to compromise the confidentiality of information relating to Mr. Trump that is beyond the scope of the subpoena.”

My personal experience in law firms and my professional responsibility education in law school left me with the belief that the attorney-client relationship was sacred. There was good reason for this as it encouraged clients to be open and honest with counsel so counsel could zealously represent their interests. As such, I am hoping the FBI does exercise great care in the review of these files. However, in reviewing documents, the FBI has to view the documents to know whether or not they are “beyond the scope of the subpoena.”

I had one follow up question for Mark Harrison. I asked if he thought a judge would ask an expert on legal ethics to oversee the review of attorney-client files to make sure the federal agents didn’t go beyond the scope of the subpoena? In asking this question, I also realized that the judge is likely to fill that role. However, I was interested to see if additional oversight might be necessary in this case.

Mr. Harrison said “I would be surprised if the judge or magistrate appoints an expert for that purpose unless Cohen’s lawyer seeks that oversight.”

So, based on information available to us at this point, the attorney-client privilege has or will be breached by the federal agents in their review of documents maintained by Mr. Cohen.

It’ll be interesting to see how this case develops and what other expert witnesses may be involved in a future criminal prosecution.

Does this open Michael Cohen to professional malpractice?

Some questions I have for future blog posts are as follows: Does the breach of attorney-client privilege by the FBI, expose Mr. Cohen to malpractice liability? Does the attorney have a duty to conduct himself in a way that would have precluded the FBI or anyone else from seizing all of his files? Does an attorney have a professional responsibility to avoid suspicion that may potentially place confidential client information at risk of being breached? Or, does the issuance of a search warrant protect the attorney from civil liability?