Diddy Wins Dismissal of Lil Rod’s RICO, Breach of Contract Claims as Civil Lawsuit Moves Forward

Sean “Diddy” Combs won a small portion of his uphill legal battle on Monday when a federal judge dismissed the Racketeer Influenced and Corruption Act (RICO) portion and four other causes of action brought in the legal filing from Rodney “Lil Rod” Jones, the producer whose accusations preceded a flood of legal complaints against the rap mogul and his company.

On Monday, Judge J. Paul Oetken of the United States District Court for the Southern District of New York weighed in on Combs’ defense team’s motion to dismiss Jones v. Combs et al., in a 31-page opinion, granting the motion in part but denying other portions related to sexual assault and trafficking. The slimmed-down civil case will still move forward, but with the racketeering accusation struck from the case, along with the breach of contract claim and three causes of action related to infliction of emotional distress. Judge Oetken also dismissed a claim in the suit related to the Trafficking Victims Protection Act.

In the dismissal of the RICO element of the lawsuit, the judge decided that Jones’ case fails to prove any injury to his business or property caused by a RICO enterprise overseen by Diddy and therefore, he can’t sue under the claim that his complaints relate to any alleged illicit enterprise. The judge said Jones’ nonpayment claim also lacked a “causal connection” with any purported racketeering activity. 

“[Combs’] alleged refusal to honor the contract with Jones is not itself a RICO predicate act, even if the contract breach resulted from Jones’s refusal to participate in Combs’s alleged racketeering scheme,” the judge wrote. “In sum, whether or not Jones has adequately alleged the existence of a RICO enterprise, he has not tied the activities of that enterprise to defendants’ breach of contract, or any other ‘business or property’ harm incurred by Jones.”

The breach of contract element was dismissed because nothing relating to a payment agreement was in writing, and a year has passed since any alleged agreement was made between Jones and Combs or his company. The claims of emotional distress were also found to be legally deficient.

Judge Oetken’s decision was lopsided, however, and Combs, along with his Chief of Staff Kristina Khorram, will still have to answer for claims of sex trafficking; additional claims against Combs related to sexual assault and premises liability will also proceed, the judge decided, but the trafficking claim against Combs Global was dismissed.

In 2022, Jones was hired by Combs to work on what would become The Love Album: Off the Grid, Combs’ first studio record since 2006. He spent over a year in Combs’ inner circle, living and traveling with Combs and he also became his videographer in the day-to-day. When he exited the mogul’s orbit, he claims he was groomed, abused, exploited, and stiffed on $50,000 in payment, publishing shares and royalties for his work on the Grammy-nominated album. 

Jones’ case was filed on Feb. 26 in New York federal court seeking $30 million in restitution. In the lengthy filing, which was later amended to add more damning allegations, Jones levels harsh accusations against Combs include alleging that he was sexually assaulted, allegedly forced by Combs to engage in sex acts, made to solicit sex workers, drugged, humiliated and says he was repeatedly groped on his anus and genitals while in Combs’ orbit.

While portions of the case will proceed after Monday’s decision, the judge was curt as it admonished Jones and his attorney, using some strong language to cast off the plaintiff’s attempted legal maneuver and his counsel’s conduct. Judge Oetken states that Jones’ effort to convert a “garden variety…. breach of contract case” into a RICO suit” falls flat. 

“Jones fails to address any [racketeering] arguments in his opposition brief, and while the Court prefers to decide issues on the merits, it should not be necessary to root around a 402-paragraph complaint to contrive novel arguments on Jones’s behalf,” he wrote in his memo. 

A special “warning to counsel” section was also included in the decision, directed to Blackburn, stating that his filings are “replete with inaccurate statements of law, conclusory accusations, and inappropriate ad hominem attacks on opposing counsel.”

“For example, in urging the Court to consider a grand jury indictment of Combs on related criminal charges, Blackburn writes ‘as evidenced by U.S. Attorney Williams’s press conference and the Grand Jury indictment… Defendant Sean Combs and the Combs RICO Enterprise are presumed guilty of being a RICO criminal organization,’” the judge quoted before writing, “That any licensed member of the bar would espouse such an absurd understanding of the law is not just disturbing, but shocking.”

The judge wrote that the operative complaint and Blackburn’s opposition brief are full of similar irrelevant insults, misstatements, and exaggerations. He added that the court “will not hold Blackburn’s antics against Jones at this point,” but warned the attorney of looming sanctions or referral for discipline should such conduct continue.

Blackburn told The Hollywood Reporter on Tuesday that he respects Judge Oetkens’s order and opinion and is pleased with the decision, as he can now proceed with legal discovery related to the case, naming both Combs and Khorram.

“We view this as a win. [The] defendants wanted a total dismissal, and they failed to get it,” Blackburn said. “I know where all of the bodies are buried, and I have a huge shovel. Time to start digging!”

Khorram broke her silence last week, months after being named in at least three civil lawsuits alongside her former boss, claiming that she is innocent and that she has “never condoned or aided and abetted the sexual assault of anyone.”

Combs is currently being held at the Metropolitan Detention Center in Brooklyn as he awaits trial in May, following his September arrest on federal RICO and sex trafficking charges. The beleaguered rap mogul is also facing dozens of lawsuits claiming he was involved in sex trafficking, sexual assault and misconduct over his decades in the music and fashion industry. He has denied all legal claims against him.