SDNY COURTHOUSE,
Oct 25 – 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 25, Cole himself
took the stand, see below.
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.
On October 22,
the trial churned to the end
of the government case, with
the defense to put on its
first witness on Monday, but
still not providing the name.
Inner City Press live tweeted
here.
On October 25,
Neil Cole took the stand and
Inner City Press live tweeted
here:
OK- US v. Neil
Cole / Iconix trial heats up
with Neil Cole taking the
stand and now the US wants to
cross him about events of 22
years ago. Defense cries
surprise.
Now Cole's lawyer
complains about having been
banned from cross examining
Horowitz about use of
prostitutes - he says, I won't
name the offense in open
court, but he already did.
Judge Ramos:
"I've ruled." Judge Ramos WILL
allow some cross examination
of Cole about his 2003 $75,000
settlement with the SEC for
irregularities at Candie's, of
which he was CEO. But jury
will never know about main
cooperating witness Horowitz's
alleged history with
prostitutes?
Cross of Cole
commences. AUSA: Did you say,
"if those are the fucking
numbers-" Cole: I don't think
I used that language and I
don't think you should in open
court AUSA: Just answer my
questions. Cole: If you don't
swear at me.
Now AUSA
shows an email, GX 1820,
showing Cole giving Jason
Rabin the "family rate" to use
the private jet for a trip to
Alabama.... Cole: Can I
clarify? AUSA: No.
AUSA: Mr.
Cole, you negotiated this
deal, correct? Cole. No. Mr.
Horowitz did. AUSA: Mr. Cole,
you supervised Mr. Horowitz,
did you not? Cole: I tried.
#Whorowitz.
AUSA: Can you
read your email about Jameel
spending on a booth at the
Super Bowl? Cole: "I compared
his spending to that of my
ex-wife." AUSA: This on Naomi
Campbell? Cole: One of the
first super-models. AUSA: What
did you say?
Cole: $75,000 is
ridiculous
Now AUSA asks
Neil Cole about the
involvement (in marketing) of
David Beckham. Worlds collide:
Beckham is fronting for Qatar
World Cup (human rights and Al
Jazeera not shown) and UNICEF:
. AUSA: You know what round
tripping is?
Cole: You sell
for one price and get it back,
it wasn't a legitimate sale.
AUSA: You told
the SEC, "I believe I heard
about it for the first time"
during Mr. Horowitz'
resignation Defense:
Objection! Judge Ramos:
Overruled.
Judge
Ramos: And that bring us to
the end of the day. Ladies and
gentlemen, don't read about
the case.
Note: 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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