​In the case of United States v. Sean Combs (S2 24 Cr. 542), the government opposes the defendant's motion to exclude evidence of prior sexual assaults under Federal Rules of Evidence 413 and 404(b). The prosecution asserts that Combs engaged in a pattern of sexual, physical, and psychological abuse against multiple victims, including those named in the indictment and others not specified therein. This evidence is presented as direct proof of the racketeering conspiracy charge and, alternatively, as admissible under Rules 413 and 404(b) to demonstrate Combs's propensity for sexual assault and to establish motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

The government argues that the probative value of this evidence outweighs any potential prejudicial effect, emphasizing its relevance in illustrating the nature and scope of the alleged criminal enterprise. They contend that such evidence provides critical context for the jury to understand the full extent of Combs's conduct and its impact on the victims. The prosecution also maintains that a preliminary hearing to assess the admissibility of this evidence is unnecessary and inappropriate, asserting that the court can make determinations based on the existing record and legal arguments presented.


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