Tag: racketeering

Criminal LawEvidenceExpert WitnessFraudLaw Enforcement

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.

Criminal LawEducationExpert Witness

Celebrity, Ivy League, College Cheating Scandal: Education Expert Witness Insights

When the news hands you a juicy story about wealthy celebrities, elite universities, college admissions, cheating, corruption, federal crimes, racketeering and conspiracy, it is really difficult to choose a title for the article.

If you are at all like me, when the news broke yesterday about wealthy celebrities bribing college officials to help get their children into elite schools, you were probably immediately angry with your parents for not doing the same! I kid. Sometimes, you just have to make light of these situations.

If you’re not up-to-date on “Operation Varsity Blues,” there is some good coverage here.

More likely, you were angry to read that one of the alleged criminals paid to have someone take an SAT for their daughter, scoring approximately 400 points higher than the child could score on their own merit.

Then you probably scrolled through the indictment to see another wealthy family is accused of bribing a crew coach (spending approximately $500,000 in bribes), to help their child be admitted as an athlete, when the child had no history of rowing competitively.

Those of us who have had to work hard to achieve our educational credentials, as a result of learning disabilities, were further angered by parents helping their children to fake disabilities to get more time on a test. This author struggled with school his whole life because of undiagnosed learning disabilities that were discovered only as an adult. I survived. I worked harder to excel. Needless to say, trying to cheat the system and fake a disability really bothered me because accommodations are meant to level the playing field, not give someone unnecessary an edge.

Most of us are aware students receive special benefits if parents or family members have previously gone to the university. We also know that the donating of a building or program often provides family members with special influence. We know this and we sort of accept it as part of society. Successful people work to help their families achieve success. Most of us have accepted this idea. However, when those efforts break the law, corrupt the education system, and displace truly qualified students, we cannot accept it and we should not accept it.

As a result of yesterday’s news, I reached out to one of our members’ to get some early insights on this matter. It is important to remember this story is still developing and what we learned yesterday, may change tomorrow or the next day.

Education Management Expert Witness Dr. Edward Dragan:

Dr. Edward Dragan, has over 40 years experience in education. He has been a special-education teacher, served as a public school principal and a superintendent, founded an alternative school with a group of disenchanted parents and students, and much more. After consulting with an attorney and testifying in court as an expert witness, Dr. Dragan decided he would best be able to help schools, children, and families by developing a practice where he could use his experience to review cases involving schools, education, and the supervision of children and provide expert opinions. Further, he has obtained a law degree with a specialty in education law and has consultation to plaintiff and defendant attorneys around the country and Canada more than 800 times on cases involving wrongful death, sexual harassment, negligent supervision, Title IX, and Section 1983 matters. Dr. Dragan has testified around the country over 125 times. You can learn more about his practice here: http://education-expert.com.

Below, you’ll find my questions and Dr. Dragan’s responses, related to the college cheating scandal.

Nick: It seems some of the allegations in the college racketeering conspiracy involve bribing entrance exam administrators. Are there procedures for qualifying entrance exam administrators?

Dr. Dragan: There are no procedures for qualifying entrance exam administrators that would guard against the bribery charges. Unfortunately, even if there were procedures or license for such administrators this type of scam can still occur. When parents, especially privileged parents, want something for their child they usually find a way – and it can involve paying a gatekeeper to a college. It takes two dishonest individuals to engage in this conspiracy and, unfortunately, the honest parents and kids lose out.

Nick: Many of us have long heard the stories of someone posing as a student for the entrance exams. I always took it as “lore.” What policies and procedures are in place to prevent test-taking fraud?

Dr. Dragan: Test-taking fraud is controlled on site by monitoring identification including pictures on license, school identification, passports, etc. Even this method can be circumvented. But careful screening can help deter fraud. Off-site or computer initiated test taking presents unique problems.

Nick: Admittedly, it is early in the publicly available information, but what policy and procedure changes would you suggest to limit test-taking fraud in the future?

Dr. Dragan: I am not an expert in electronic fraud but I imagine that for those off-site test-taking experiences software design might be helpful.

Nick: Do you expect universities to take action against coaches and other school officials who allegedly accepted bribes?

Dr. Dragan: Yes, I do expect universities to take action against coaches and other school officials who are convicted of taking bribes. They should immediately be placed on leave – no work at the university – pending investigation. If there are criminal charges made and they are convicted they should be fired. Of course, employment contracts and other elements will need to be taken into account.

Nick: Is there anything else you wish to add. Comments, concerns, or otherwise…

Dr. Dragan: The education system, and the honest pursuit of education, is a privilege enjoyed by those who are eligible to “get into” the club. When parents circumvent honest endeavors of their children they are teaching their children, by example, how to be cheaters and how to lie to get what they want. This is shameful – and especially for those who fit high-profile status.


 

It should be noted that USC has already taken action against at least one coach and one school administrator for their alleged wrongful conduct. They fired two employees yesterday, according to the LA Times, while Dr. Dragan and I were communicating about this article. As the story develops, Dr. Dragan and I may return with a Part 2 on this topic!