SDNY COURTHOUSE,
Oct 18 – 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.
On October
8, the cross examination of
Horowitz began, doggedly.
Inner City Press live tweeted
here.
On October 12,
after Columbus Day, the cross
examination of Horowitz
continued but did not finish.
Inner City Press live tweeted
here
and below.
On Sunday,
October 17 the US Attorney's
Office put in an argument for
the admissibility of exhibits
including Ethan Cole's e-mail
to Jared Margolis about
offsetting Iconix Korea
with... Rocawear. Full
contested exhibit on Patreon
here.
On Monday
October 18 Cole's lawyers
responded that Ethan Cole was
not a co-conspirator, and
filed Horowitz' FBI's
interview as 3500 material,
including: "HOROWITZ was shown
document SH-SEC-00020297. COLE
came into HOROWITZ’s office
and closed the door. This was
regarding the response to the
SEC. ICONIX started
using words in the response
about who negotiated and who
provided guidance. COLE told
HOROWITZ that COLE wanted to
change the MIDDLE EAST and
NORTH AFRICA (MENA) JV
transaction and even though
COLE negotiated it, COLE
wanted HOROWITZ to put
HOROWITZ’s name. HOROWITZ
agreed because HOROWITZ
negotiated it as much as
everyone else as COLE gave
HOROWITZ guidance on it.
Instead of just changing MENA,
COLE started changing all the
JV’s for who did what. COLE
was red-faced and screaming
about selling stock." 3500
material / FBI interview notes
now on Patreon here.
From October 12:
Neil Cole's lawyer: Mr.
Horowitz, you were negotiating
the puts and calls with Mr.
Margoles of GBG, correct?
Horowitz: No... Neil Cole's
lawyer: Let's show you an
exhibit...
Neil Cole's
lawyer: Do you recall on April
12, 2015 communication with
your personal lawyer TWENTY
FIVE separate times in
anticipation of litigation or
regulatory action?
Horowitz:
Including emails? Yes. Neil
Cole's lawyer: Let me show you
your resignation letter
Neil Cole's
lawyer: Isn't it correct that
a lawyer on your behalf asked
Iconix to pay you a bonus
equal to 100%-
AUSA: Objection!
Judge Ramos: He
hasn't finished the question.
Cole's lawyer: ...of
your annual salary?
Horowitz:
What I was due, under my
contract
After jury
leaves, AUSA asked Judge Ramos
to stop Neil Cole's lawyer
from reading documents not in
evidence to the jury. Judge
Ramos says, my working
assumption is you're doing it
on purpose. Please don't.
Cross will continue tomorrow.
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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