By Matthew Russell Lee, Patreon Song Vlog Podcast
BBC - Guardian UK - Honduras - The Source
SDNY COURTHOUSE, Oct 22 – 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.
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:
OK- US v. Neil Cole / Iconix trial creeps along today with Marc Karetsky of Barclays being asked about Cole's stock sales.
Now in US v. Cole trial, it's (one of the last?) government summary witnesses, Ms. Shanbarry of the SEC. Questions 1) will the rest today? 2) Has the jury fallen asleep?
As US v. Cole trial day ends, US asks for Rule 26 material. Cole's lawyer says they don't any, and they won't yet say who their first witness will be. Charge conference Monday.
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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