Would an NDA Prevent Cassie From Testifying Against Sean ‘Diddy’ Combs? Legal Expert Says No

With Sean “Diddy” Combs facing serious federal sex crime charges that could potentially land him behind bars for the rest of his life, the mogul’s ex-girlfriend Cassie could potentially provide damning testimony if called as a witness, a legal expert says.

Combs, the founder of Bad Boy Records and long one of the most important figures in the music industry, is charged with racketeering conspiracy, sex trafficking by force, fraud or coercion and transportation to engage in prostitution in an indictment unsealed on Tuesday, Sept. 17.

Before his indictment, Combs was accused of sexual abuse in a lawsuit filed in November 2023 by Cassie, whose real name is Casandra Ventura.

In the suit, Cassie accused Combs of making her perform in “freak offs” with male sex workers, which are also at the center of the indictment. She also claimed Combs assaulted her in a Los Angeles hotel room in 2016, another allegation mentioned in the indictment. The suit was settled the day after it was filed.

It’s not clear if a non-disclosure agreement was part of the settlement, but if one exists, it would not prevent Cassie from testifying during Combs’ prospective trial if she is subpoenaed, former federal prosecutor Neama Rahmani tells PEOPLE.

“An NDA can’t prevent you from testifying pursuant to a lawfully issued subpoena,” Rahmani, now the president of West Coast Trial Lawyers, says. “And NDAs are not enforceable in sexual assault or sexual harassment cases.”

Combs has pleaded not guilty to all the charges against him.

In May, months after Cassie’s lawsuit was settled, surveillance video of the 2016 hotel incident leaked and appeared to show Combs assaulting her and throwing an object at her. 

The leak of the surveillance footage prompted Combs to record an apology video for his behavior.

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If Cassie is called to testify during Combs’ trial, Rahmani says she would be a compelling witness.

“Her lawsuit is corroborated by video evidence,” Rahmani says. “She’s without question the best and most effective and likely the most damaging of all the witnesses against Diddy.”

Combs was denied bail and is being held in custody at a federal facility in Brooklyn after prosecutors argued that he was a potential flight risk and that he might try and tamper with potential witnesses.