As the federal trial against Sean “Diddy” Combs heats up with drama, bombshell claims, and viral courtroom moments, legal experts watching from the sidelines say prosecutors still haven’t nailed down the two most serious charges: racketeering conspiracy and sex trafficking.
Sean Combs Pleaded Not Guilty
Sean Combs has entered a not guilty plea to five federal counts: one for racketeering conspiracy, two for sex trafficking by force, fraud, or coercion, and two related to the interstate transportation of individuals for prostitution.
So far, about a dozen witnesses have taken the stand, and as the trial moves into its third week, the spotlight is squarely on whether prosecutors can tie Combs directly—or even indirectly—to a coordinated criminal enterprise.
“I’m not seeing the development of a racketeering enterprise,” said veteran defense attorney Tama Beth Kudman. “There’s no thread showing a group with a common purpose.”
What’s At Stake with the Racketeering Charge?
To prove racketeering conspiracy, prosecutors must show that Combs was part of an organized group committing ongoing criminal acts. Think of it as more than bad behavior—it has to be structured, sustained, and collaborative. So far, some legal analysts say that connection hasn’t fully emerged in court.
One moment that could move the prosecution’s racketeering theory forward? Testimony from rapper Kid Cudi (Scott Mescudi), who told the court that his car was firebombed in 2012, allegedly with a Molotov cocktail, after Combs discovered Cudi had a romantic relationship with Combs’ then-girlfriend, Cassie Ventura. Cudi also testified that Combs and one of his employees once broke into his home.
The arson itself isn’t what prosecutors need to prove—what matters is whether Combs conspired in the act.
“That’s the whole point of a conspiracy charge,” said Mark Lesko, a former federal prosecutor. “You don’t have to be the one lighting the fire. You just have to be in on the plan.”
Cassie Ventura had previously made this very allegation in a 2023 civil lawsuit, saying Combs threatened to blow up Cudi’s car. That lawsuit was settled without Combs admitting guilt, but it’s now resurfacing under the glare of criminal proceedings.
Still, some lawyers argue that while compelling, Cudi’s testimony alone doesn’t close the case.
“It might be a piece of the puzzle,” said New York attorney Mark Zauderer, “but it’s not the touchdown.”
Where the Sex Trafficking Case Stands
As for the sex trafficking allegations, the government must show that Cassie Ventura was forced—whether physically, psychologically, or financially—to travel across state lines and perform sex acts.
That’s a high bar.
So far, Ventura’s testimony has painted Combs as manipulative and abusive, controlling nearly every aspect of her life and career. Prosecutors called her as their first witness, which many experts say was a strategic move to set the tone of the case early.
But according to some outside observers, even a deeply troubling relationship doesn’t automatically equate to sex trafficking under federal law.
Singer Dawn Richard backed up claims of physical abuse, and exotic dancer Sharay Hayes testified about participating in what were described as “freak offs” with Combs and Ventura. Hayes said Ventura appeared to be participating willingly.
That’s where the legal line gets blurry.
Forensic psychologist Dawn Hughes testified that abuse victims often feel trapped—psychologically and financially—and can appear to be willing participants when in reality they’re suffering behind the scenes. This expert insight could be crucial in helping the jury understand how coercion can look in real life.
Still, Kudman remained skeptical of whether the line into sex trafficking has been clearly crossed.
“There’s no moment I’ve seen yet where this moves from disturbing to criminal trafficking,” she said. “You’ve got to prove she was being forced, not just that she regretted it later.”
Zauderer agreed, saying the prosecution “hasn’t made its case yet.”
“They know that if they want a conviction,” he added, “they need more than just painting Combs as an abuser or a bad guy. They have to show proof of the crimes as defined under the law.”
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