SDNY COURTHOUSE,
Oct 7 – Neil Cole, the brand
manager charged with financial
chicanery was freed on $1
million bond on December 5,
2019 and allowed to travel
throughout the United States
by agreement of the US
Attorney's Office, contrary to
the "SDNY and EDNY only"
restrictions they routinely
place on less affluent
defendants.
SDNY Magistrate
Judge Barbara Moses accepted
the agreed bail conditions,
and said that they can be
appealed or asked to be
modified before SDNY Judge
Edgardo Ramos to whom the case
was assigned.
On October 6,
2021, the jury trial began and
Inner City Press live tweeted
Day 1 here,
podcast here,
vlog here.
On October
7, cooperator Seth Horowitz
spend the whole day on the
stand, still on direct. Inner
City Press live tweeted here.
Also on
October 7, Neil Cole sued
Iconix in NYS court: "At all
relevant times, Mr. Cole
served as President, Chief
Executive Officer, and
Chairman of the Board of
Directors of Iconix until his
resignation in August 2015,
pursuant to a Separation
Agreement dated December 29,
2016 (the “Separation
Agreement”). Mr. Cole brings
this action to enforce the
indemnification and
advancement provisions of
Iconix’s By-Laws that grant
him broad advancement and
indemnification rights."
655837/2021
On October
8, the cross examination of
Horowitz began, doggedly.
Inner City Press live tweeted
here:
Neil Cole's
lawyer: You felt that Mr. Cole
disrespected you and you wrote
that you had two possible
options, correct? Horowitz: I
don't recall. Cole's lawyer:
Highlight for the witness...
Does this refresh your
recollection? Horowitz: I
wrote myself a letter
Cole's
lawyer: You wrote, Fight back,
correct? Horowitz: The second
of my -- Cole's lawyer: Your
Honor, direct him to answer my
question. Judge Ramos: Why
don't you answer the question
asked, Mr. Horowitz? Horowitz:
Correct.
Cole's lawyer: We
offer Defense Exhibit 1023.
[The letter to self, now
shown, is styled as an email
to Cole, circa 2012. ]
Judge Ramos:
Let's take a break. Thread
will continue - watch this
feed.
We're back,
cross of cooperator Horowitz.
Cole's lawyer: We offer
Defense Exhibit 1181. AUSA:
Hearsay! Judge Ramos:
Overruled. It's Horowitz'
email to LFrankfort at
coach.com saying Iconix'
President was "not ready to
give."
Horowitz: I don't
recall.
Now into
evidence: Horowitz' employment
agreement, base salary of
$625,000 a year, plus a bonus
that could equal that.
Judge Ramos just called the
lawyers to a sidebar.
After sidebar:
Cole's lawyer: You said Mr.
Cole told you he'd gotten GBG
to pay an extra $5 million -
was anyone else present?
Horowitz: No. Cole's lawyer:
Did you take any notes?
Horowitz: No.
Cross
continues, doggedly. Cole's
lawyer: Later in March, you
told Mr. Margolis you expected
to make a proposal to Li Fung
on non-Umbro brands in Europe,
correct? Horowitz: I don't
remember. Cole's lawyer: I
offer Defense Exh 1898. [Email
to Margonis in Kowloon]
Now
introduced: Horowitz' May 2,
2014 email to Neil Cole, "we
have a solution.. amend the
Europe JV to include the Lee
Cooper brand... I have to go
to Eli's school but I'll be in
at 9:15 am." [Will the jury,
whenever this ends, believe
the US' version of this?]
Neil Cole's
lawyer: Mr. Horowitz, do you
remember meeting Mr. Margolis
in a private room at the Four
Seasons Hotel in Las Vegas?
Horowitz: I do not. [With 5
minutes remaining, it seems
the disputed issue of Horowitz
& prostitutes will not be
today. #Whorowitz]
Neil Cole's
lawyer: Do you recall that
Neil Cole was spending most of
time promoting the worldwide
launch of the Peanuts movie?
Horowitz: I do not.
Judge Ramos: And
we will end it for the day.
And the week - to
be resumed next week.
On October 5,
after picking the jury and before opening
statements begin October 6 at 9:30 am, Judge
Ramos explained why like EDNY Judge Donnelly
in the R.Kelly trial, he did not require
prospective jurors to be vaccinated.
Then, in open
court, Cole's lawyer said he wants to cross
examining cooperation witness Seth Horowitz
about concealment of prostitution related
activities. Judge Ramos said that question
will not be allowed - and when the Assistant
US Attorney asked to seal the transcript,
Judge Ramos agreed. But it was in open
court. Can you say, #Whorowitz?
On September 30
in an in-person final pre
trial conference, Cole's
lawyer argued that hearing
"$28 million" would be
prejudicial. The AUSA said it
show motive, and Judge Ramos
agreed, citing US v.
Quattrone, 441 F.3d 153,
179-80 (2d Cir. 2006).
Inner City
Press will continue to cover
the trial.
Watch this site.
The case is US
v. Cole, 19-cr-869
(Ramos).
***
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