By Matthew Russell Lee, Patreon Song Vlog Podcast
BBC - Guardian UK - Honduras - The Source
SDNY COURTHOUSE, Oct 28 – 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.
After starting deliberations on October 27, the jury at 2:30 on October 28 said they are at an impasse and unable to reach a verdict that day - they left at 3 pm and will resume on Friday, October 29. From the cryptic note, it seems there may be more than one juror considering acquittal, at least on some counts.
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. 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.
On October 26 here's from the US Attorney's Office summation, which Inner City Press live tweeted here:
Closing arguments in US v. Neil Cole: Assistant US Attorney asks why "visionary CEO of Iconix" agreed to pay $2 million to a consultant for no work. #RoundTripping.
AUSA: Cole signed the invoices to sent $5 million back. This is a catastrophic fact. We saw him yesterday, criticizing people's costs at the Super Bowl. And yet he's signing fraudulent $5 million in invoices.
AUSA: Iconix had already paid for this marketing video (Zoo York Takes Yankee Stadium, on YouTube here; DX 415) before the paid the invoice.
AUSA: Neil Cole did it.
Judge Ramos: We're going to end, because the defense summation would take us past 2:40 pm. Tomorrow afternoon- you'll be able to stay past 2:40 if you want. See you tomorrow.
On the morning of October 27, Neil Cole's lawyer offered this summation, Inner City Press live tweeted here:
Cole's lawyer: Iconix's servers saved all emails, even if Horowitz says he deleted them. "Horowitz made it up and they know it. If he'd lie about that, he'd lie about anything. And that should make you doubt their case."
Cole's lawyer: "They're dredging up things from 22 years ago. [Candie's $75,000 SEC settlement]
Give me a break. Horowitz just wants a lighter sentence. He claims he wrote in code to himself. It's absurd." Cole's lawyer's closing is closing: "Neil Cole did not commit any crimes. We ask you find him not guilty."
Judge Ramos: Thank you Mr. Tarlow.
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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