How Marc Agnifilo’s ‘Own the Bad, Fight the Worse’ Strategy Just Saved Diddy from Life in Prison

Marc Agnifilo, a veteran criminal defense attorney with over 30 years of experience, secured a major victory for Sean “Diddy” Combs by winning acquittals on the most serious racketeering and sex trafficking charges. Known for representing high-profile clients including Keith Raniere, Martin Shkreli, and Harvey Weinstein, Agnifilo’s strategic approach of “owning” problematic evidence while fighting the core charges exemplifies his courtroom prowess in complex federal cases.

Ben Thomson, LawFuel contibuting editor

Marc Agnifilo isn’t your average defense attorney, as his defense of Sean “Diddy” Combs has demonstrated when the rapper was steering down racketeering and sex trafficking charges.

And a podcast interview with legal writer David Lat highlighted Agnifilo’s most distinctive approach was his decision to fully admit to problematic evidence upfront rather than trying to minimize or explain it away, being a strategic choice that became the cornerstone of his defense.

Meticulous preparation and a compelling courtoom presence and skill add to his trial and advocacy skills.

With over 200 trials under his belt spanning three decades, this Brooklyn Law School graduate has built a reputation as the guy you want when the stakes couldn’t be higher. His resume reads like a who’s who of impossible cases: NXIVM cult leader Keith Raniere, “Pharma Bro” Martin Shkreli, and Harvey Weinstein.

Before pursuing law, he obtained a Bachelor of Arts degree in Philosophy and Political Science which doubtless enhanced his critical thinking skills, which have been key skills deployed throughout his legal career.

The Trial Lawyer’s Trial Lawyer

Agnifilo’s background gives him a unique edge. His career began in public service, where he held significant positions that shaped his expertise. He served as a supervisor at the United States Attorney’s Office for the District of New Jersey. In this role, he led investigations and prosecutions in cases involving securities fraud, money. 

Before becoming the defender of the legally damned, he was on the other side of the courtroom as Chief of the Violent Crimes Unit at the U.S. Attorney’s Office in New Jersey.

His practice today extends far beyond Manhattan’s federal courthouse. He’s represented clients facing charges from governments in Italy, Switzerland, Romania, Bulgaria, and Kyrgyzstan.

The Diddy Defense: A Masterclass in Strategic Concession

Image: David Shankbone, Licensed under GNU License

The recent Combs case perfectly illustrates Agnifilo’s tactical brilliance. When that devastating video of Combs assaulting Cassie Ventura surfaced, most lawyers might have tried to minimize or explain it away. Not Agnifilo. His approach? “Own it.”

“We had to fully take account of that,” Agnifilo explained in his David Lat interview.

“The word I used was we have to ‘own’ that; we have to take all the dispute out of that.” This wasn’t legal capitulation—it was chess, not checkers. By admitting to the domestic violence upfront, he removed the government’s ability to use it as a stepping stone to prove the more serious sex trafficking charges.

Agnifilo was also able to reframe the entire case as government overreach into consensual adult relationships characterizing the prosecution as charging “into his bedroom and into his private hotel rooms, uninvited.”

Combs was living the ‘swingers lifestyle’ rather than engaging in criminal conduct.

The strategy worked. The jury acquitted Combs on the racketeering conspiracy and sex trafficking counts—the charges that could have meant life in prison.

Combs was convicted on two Mann Act violations, but as Agnifilo put it, “we just won the championship, and they stole our trophy.”

The Art of Client Management

What sets Agnifilo apart isn’t just his courtroom skills—it’s his ability to work with clients who are, let’s face it, not always the easiest people to represent. He describes Combs as “a fascinating client” who gave him “the green light to tell the truth—the good, the bad, and the ugly.”

This wasn’t just good lawyering; it was psychology in action. Agnifilo understood that authenticity, even when it’s uncomfortable, often resonates better with juries than manufactured perfection.

As Combs awaits sentencing on October 3rd, Agnifilo is already plotting his next moves. He’s planning another bail application, arguing that prosecuting a “john” under the Mann Act constitutes exceptional circumstances. It’s the kind of creative legal argument that separates the wheat from the chaff in criminal defense.

Marc Agnifilo has mastered the art of turning legal disasters into strategic victories. In a profession where wins and losses are often measured in decades of freedom, that’s not just impressive—it’s invaluable.