Diddy's absentee sexual assault sentence explained: What it means


Billionaire rap mogul Sean “Diddy” Combs has been embroiled in numerous allegations of sexual assault and other misconduct over the past year.

On Monday, a Lenawee County Circuit Court judge in Michigan issued a $100 million default judgment against Combs, who was sued for sexual assault by inmate Derrick Lee Cardello-Smith.

Cardello-Smith, 51, reportedly filed a civil lawsuit in June alleging that Combs, 54, drugged and sexually assaulted him in 1997 at a party in Detroit. During a virtual hearing in August on a request for a temporary restraining order, Cardello-Smith indicated he would seek a default judgment in the case since Combs had not responded to the lawsuit by the deadline. Combs was not present at Monday’s hearing.

Judge Anna Marie Anzalone set Combs' payment schedule at $10 million a month for 10 months beginning Oct. 1.

Attorney Ann Olivarius, president and senior partner of the law firm McAllister Olivarius, told The Times by email that while “default judgments are common … the stakes here are high.”

“In general, false accusations of sexual assault are rare, and it is unusual for a defendant to simply ignore proper service,” Olivarius said. “Combs and his attorney must have known that Judge Anzalone had deemed service to Derrick Lee Cardello-Smith to be proper. I can only conclude that they took a calculated risk in refusing to respond to that service.”

Combs, through his legal representatives, denied the allegations and accused Cardello-Smith of “committing fraud on the court from prison.”

“Mr. Combs has never heard of it, much less been served with a lawsuit,” Combs’ attorney, Marc Agnifilo, said in a statement to the Times on Tuesday. “Mr. Combs hopes this judgment will be quickly dismissed.”

In addition to being named in numerous civil lawsuits for alleged sexual misconduct, Combs has been the subject of a federal investigation into sex trafficking allegations that led to the March raids on his homes in Los Angeles and Miami. Combs has denied nearly all of the sexual misconduct allegations leveled against him, but he publicly apologized for assaulting Cassie Ventura after a video surfaced of him violently attacking his then-girlfriend.

“While raids have been conducted at Combs’ properties as part of a criminal investigation into sex trafficking, no criminal charges have yet been filed against him,” Olivarius said. “The continued scrutiny of Combs’ past is a reminder that the civil justice system can add firepower to a criminal system that often struggles to cope. Civil courts can help bring serial predators to justice through media attention.”

Here's everything we know about Cardello-Smith's lawsuit against Combs.

Who is the accuser?

The Detroit Metro Times described Cardello-Smith as an “inmate known for his long history of challenging the judicial system with civil lawsuits.” He is currently serving time at the Earnest C. Brooks Correctional Facility on numerous counts of criminal sexual conduct and kidnapping, according to online records. It was previously reported that between 2020 and 2024, Cardello-Smith was a plaintiff in more than 30 civil lawsuits, some involving inmate rights.

“[Cardello-Smith] “Mr. Olivarius has filed multiple lawsuits while incarcerated and has represented himself in each case,” Olivarius said. “I have no idea how accurate his testimony is, but I would expect the defense to push this hard, seeking to undermine the credibility of his allegations.”

What are the accusations?

In his lawsuit, Cardello-Smith claims he met Combs while working in the restaurant and hospitality industry in Detroit. He claims Combs drugged and sexually assaulted him while he was working at a party in 1997.

What is a default judgment?

A default judgment is generally a judgment entered in favor of the plaintiff when the defendant fails to properly respond to a summons or fails to appear in court. Specific criteria and procedures vary by jurisdiction, but the plaintiff typically asks the judge to decide the case without the defendant's involvement because the defendant did not respond to the official notice that he or she is being sued.

Can Combs appeal?

According to Olivarius, “not going to court is not a good defense strategy, but it is also something relatively easy for the defense to set aside.”

“It comes down to whether Combs has a meritorious defense,” Olivarius said. “The courts are more likely to accept the argument that the suit was without merit than to enforce a $100 million default judgment.”

In some situations, a defendant subject to a default judgment may file a motion to ask a court to vacate the judgment. This includes a defendant providing a valid reason for not appearing in court or ignoring the summons, such as not knowing about the lawsuit because they were not properly served.

Olivarius adds: “Beyond this, Combs and his attorney can appeal the $100 million judgment even if the verdict stands. Courts have broad discretion in this case, so it is not a foregone conclusion that the default judgment will stand and it is by no means certain that the award will stand.”

There have been some questions about whether Cardello-Smith properly served Combs in connection with this lawsuit. Agnifilo has stated that Combs was never served. But during the August virtual hearing, Judge Anzalone noted that the court has evidence of proper service. At the same hearing, Cardello-Smith stated that Combs had visited him in prison to discuss the lawsuit.

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