Federal prosecutors said Sean "Diddy" Combs' request for acquittal or a new trial should be denied, arguing in a late-night court filing that "there was more than a sufficient basis" to uphold his conviction on two counts of transportation to engage in prostitution.
The filing, unsealed just before midnight Wednesday in U.S. District Court for the Southern District of New York, stated that Combs, 55, should proceed to sentencing on Oct. 3. "The defendant masterminded every aspect of Freak Offs," prosecutors wrote, referencing the sex parties central to the case. "He transported escorts across state lines to engage in Freak Offs for pay. He directed the sexual activity of escorts and victims throughout Freak Offs for his own sexual gratification. And he personally engaged in sexual activity during Freak Offs."
Combs, who has been jailed since his conviction, faces up to 20 years under the Mann Act, which criminalizes interstate transportation for prostitution-related activity. U.S. District Judge Arun Subramanian has indicated prosecutors will seek a sentence of four to five years.
In July, Combs was acquitted of more serious charges, including racketeering conspiracy and sex trafficking, following a seven-week trial in New York. His lead attorney, Marc Agnifilo, had described the mixed verdict as "a great victory for Sean Combs."
Combs' defense team has since argued that the Mann Act is unconstitutional, calling it vague and a violation of his First Amendment rights. In earlier filings, his lawyers contended that Combs "paid to engage in voyeurism as part of a 'swingers' lifestyle" rather than profiting from prostitution.
Prosecutors dismissed that argument, saying the law does not distinguish between voyeurism and profit. They emphasized testimony from more than 30 witnesses and pointed to video evidence shown at trial of Combs assaulting singer Cassie Ventura, his former girlfriend, in a Los Angeles hotel hallway in 2016. Ventura testified that the incident occurred after she told Combs she wanted to leave one of the "freak offs."
Trial witnesses described the parties-referred to by Ventura as "freak offs" and by another witness, identified as Jane, as "hotel nights"-as drug-fueled gatherings across cities including New York, Miami, Los Angeles, Atlanta, Las Vegas, Ibiza and Turks and Caicos. "Escorts traveled to these Freak Offs with Ventura and hotel nights with Jane. The defendant discussed the escorts' travel with Ventura and Jane," prosecutors wrote.
