What’s next for Sean ‘Diddy’ Combs?

Following his acquittal on serious criminal charges, the rap mogul’s next fight is to stay out of prison and rebuild his reputation.

Sean "Diddy" Combs reacts after verdicts are read of the five counts against him, during Combs' sex trafficking trial in New York City, New York, U.S. Picture: REUTERS/Jane Rosenberg

Sean “Diddy” Combs scored a major victory when a New York federal jury found him not guilty of sex trafficking and running a criminal enterprise — charges that had the potential to send him to prison for the rest of his life. But he is far from a free man.

The rap impresario, whose gift for making music spawned a business empire touching on hip-hop, television and fashion, remains in a Brooklyn federal jail while he awaits sentencing for his conviction on two counts of transporting sex workers across state lines.

Here’s a look at what is next for Combs.

Will Combs serve serious prison time?

Immediately after Wednesday’s verdict, lawyers for Combs and the prosecution began sparring over how much time he deserves behind bars. Attorneys uninvolved in the case say how much, if any, time he gets is an open question.

Prosecutors have argued that Combs should serve a sentence of at least four to five years in prison. His lawyers have signalled he should get a far shorter term or even time served.

Former prosecutor Mitchell Epner said the sentences proposed by both sides are in the realm of possibility for Combs. Among the factors a judge is likely to consider are Combs’s status as a first-time offender and his well-documented history of domestic abuse.

“If you told me that the judge is going to essentially sentence him to time served, I would not be surprised,” Epner said. “If you told me that it was going to be something as high as the five years that the government is saying, I would not be surprised.” Combs’s lawyers also urged a judge to move up their client’s sentencing hearing, which is currently scheduled for October, to the earliest possible date. Tama Kudman, a defence lawyer uninvolved in the case, said his lawyers might be trying to get him out of the Metropolitan Detention Center, a Brooklyn federal jail where he has been held since September and that many lawyers have criticised for its harsh conditions.

“If he is sentenced to any time in addition to the time that he has already spent sitting at MDC, he will go to a much better facility,” she said. “You want your client out of MDC.”

Do celebrities prepare for prison just like the rest of us?

Many well-heeled defendants hire prison consultants to prepare for their time behind bars. A consultant answers a client’s questions about medical care, food and communication in prison. They also help determine what sort of facility might be a good fit, taking into account where a defendant lives, if he wants to be close to immediate family and if he might be eligible for drug treatment or other programs. The lawyers can then ask the judge to recommend that facility to prison officials.

Craig Rothfeld, a New York-based prison consultant, said he gives all his clients the same basic advice, whether or not they are bold-faced names. “Always do what the corrections officers tell you to do,” he said. “Always fact-check anything another inmate tells you. And you’re going to be OK and get through it, and have life on the other side.” Does Combs have grounds to appeal?

The rap music mogul will almost certainly ask a federal appeals court to review his conviction, but lawyers uninvolved with the case say he could face tough odds.

Combs’s lawyers could say that the judge wrongly dismissed a Black juror who gave conflicting information about his residence. “They could argue that was improper and affected the racial makeup of the jury,” said Cheryl Bader, a professor at Fordham Law.

They could also argue that the judge should have dismissed the sprawling racketeering conspiracy count before the trial. Even though jurors found Combs not guilty on that count, the inclusion of the charge allowed the jury to hear a substantial evidence involving sexual abuse, kidnapping, drug use and arson. Combs’s lawyers could claim that this evidence ultimately helped jurors convict the musician on the two prostitution counts.

Combs could also seek a presidential pardon. When asked about whether he would consider pardoning Combs, President Trump appeared open to the possibility. “I would certainly look at the facts,” the president said.

Can Combs repair his reputation?

Combs’s acquittal on the more serious charges leaves open a path to rehabilitating his image and rebuilding his business empire. That is still likely to be difficult.

Combs could position himself as a complicated figure confronting his past and owning the mistakes of his younger self, said Juda Engelmayer, a crisis communications consultant who has worked with disgraced celebrities including Harvey Weinstein.

He could take concrete steps to show this: issue a brief statement, make donations to causes such as addiction recovery and take time away from the spotlight. “The key is strategic humility, reframing, and rebuilding trust without appearing evasive or self-serving,” Engelmayer said.

Complicating matters is the slew of civil lawsuits brought by accusers that Combs still faces. Settlements or legal proceedings in these suits are likely to result in press coverage that reminds the public of the sexual-abuse allegations against the rap mogul.

What does the verdict mean for Diddy’s defence team?

Hours after the verdict, Combs’s all-star defence team stood triumphantly outside the Manhattan federal courthouse in front of a scrum of news cameras and supporters of the hip-hop mogul.

“Today is a victory of all victories for Sean Combs and our legal team,” said lead attorney Marc Agnifilo.

He and many of the other lawyers were already held in high regard for their past defence work. But winning a largely successful outcome in a trial that drew worldwide attention propels them into an elite tier of lawyers who can command enormous sums for their work.

Defence attorney Marc Agnifilo speaks outside Manhattan federal court after Sean "Diddy" Combs was denied bail after being convicted of prostitution-related offenses but acquitted of sex trafficking and racketeering charges. Picture: AP Photo/Stefan Jeremiah

“They had a wonderful opportunity to demonstrate their skills,” said Kudman, the defence lawyer. “Can you imagine better advertising?” Other lawyers who have successfully represented celebrities and high-profile individuals have seen their own paydays grow. Alex Spiro, a partner at law firm Quinn Emanuel who won the dismissal of a manslaughter case against actor Alec Baldwin and obtained a favourable decision for Elon Musk in a defamation case, regularly bills at $3,000 an hour. That is at the top end for white-collar litigators.

The Wall Street Journal