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