Diddy paid Cassie a reported $100 million dollar settlement, to end her r**e, s** trafficking, and abuse claim against the former billionaire mogul. Media Take Out confirmed that the settlement likely contained a “non diclusre: agreement, preventing Cassie from speaking openly about Diddy, or any possible criminal wrongdoings he’s done during their relationship.Embed from Getty Images
So we have to ask the question – does this mean that Diddy will not face criminal charges, or that Cassie won’t testify against him in a criminal case?
Well Media Take Out conducted a bit of legal research, and it turns out that Diddy is NOT OUT OF THE WATER with respect to any criminal cases.
A civil settlement agreement presumes that the plaintiff – Cassie in this case – is getting something of value in exchange for giving up something of value in the form of claims or rights.Embed from Getty Images
Giving Cassie a financial reward to induce noncooperation in a criminal case would be unethical and unlawful under US law. A settlement agreement not to cooperate in a criminal case gives up the victim’s/witness’ right voluntarily to provide the government and private parties with information about civil or criminal misconduct. But it also gives up the public’s right to the proper prosecution and punishment of crimes.
Therefore Cassie’s settlement cannot legally include any terms that result in a witness’s refusal to testify or the withholding of factual information from the court.
Here’s a sample of the legal rule – taken from a prominent legal journal:
A contract made with the purpose and upon the consideration that a criminal prosecution shall be suppressed, stifled or stayed, will not be enforced.
Many cases have reached the same conclusion, as to non-enforceability of settlement agreements, where any part of the payment was in consideration of hindering or suppressing criminal proceedings.
Cassie’s lawsuit – which is still available to be used by criminal agencies in New York, Los Angeles, and Miami – gave the framework for potential criminal prosecution of Diddy. She alleges violations of federal s** trafficking laws, r***, and numerous assaults – and the names of witnesses who saw it happen.
We’ll have to see what local prosecutors do with that information. Developing ….