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SDNY Announces Brand Management Indictment of Iconix CEO While Exhibits Withheld

By Matthew Russell Lee, Patreon
Honduras - The Source - The Root - etc

SDNY COURTHOUSE, Dec 5 – While a "brand" company impacted by a December 5 announcements by SDNY US Attorney's Office which itself manages information seemingly based on brand, the Office has still not provided its exhibits on OneCoin and, so far, a current Bronx murder trial, below.

From the announcement: "the unsealing of an Indictment in Manhattan federal court charging NEIL COLE, the former chief executive officer of Iconix Brand Group, Inc. (“Iconix”), a publicly traded brand management company, with engaging in a scheme to fraudulently inflate Iconix’s revenue and earnings per share and obstruct justice.  The case is assigned to U.S. District Judge Edgardo Ramos.     Mr. Berman also announced today the unsealing of charges against Seth Horowitz, the former chief operating officer of Iconix, who pled guilty on December 2, 2019, and is cooperating with the Government.     COLE is expected to be presented and arraigned later today before U.S. Magistrate Judge Barbara C. Moses in Manhattan federal court." Inner City Press is not sure if she uses the "C" - but is most concerned with the OneCoin exhibits, for which it has had to file a FOIA request, still not fulfilled.

  The Bronx trial for which Inner City Press has also asked for exhibits: on the second day of 2014 in The Bronx, New York Shaquille Malcolm was repeatedly shot and killed in a building in the Allerton section.

In arraignments that followed, Inner City Press reported that the death penalty was on the table, including as to a co-defendant who has since pled guilty to a superseding indictment, Gyancarlos Espinal.   

On December 4 the two remaining co-defendants Arius Hopkins and Theryn Jones a/k/a Old Man Ty were on trial before U.S. District Court for the Southern District of New York Judge Lewis A. Kaplan.

   Testifying against them was now cooperating co-defendant Alexander Melendez. He described using a .22 to shoot and kill Shaquille Malcolm, with orders and firepower given by the two mean with six lawyers sitting at the defense table.

   The upcoming issue is the use of a rap or hip-hop song as evidence. Arius Hopkins' lawyer Glenn A. Garber had asked that prospective jurors be asked if they were familiar with "the genre of music called gansta rap."  

On December 4, Assistant US Attorney Danielle R. Sassoon argued that questions about the song - a copy of which does not appear to have been uploaded by the US Attorney's Office unlike with GUMMO and Billy in the #6ix9ine trial also known as US v. Jones - should be limited.

  Such songs and lyrics are also being used by the US Attorney's Office in another SDNY case Inner City Press has covered, US v. Darrell Lawrence, et al., 19-cr-761 (Oetken). It is an emerging and accelerating First (and Fifth) Amendment issue, leading Inner City Press to raise folk-type song SDNY questions.

   Judge Kaplan reserved judgment on what he will allow on cross-examination. This case is US v. Jones, et al.,17-cr-791 (Kaplan).   

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