Saturday, October 23, 2021

In Trial of Former Iconix Neil Cole US Wants In Ethan Cole Email About Rocawear

 

By Matthew Russell Lee, Patreon Song Vlog Podcast
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, Oct 17 – 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.

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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