SDNY COURTHOUSE,
Oct 3 – 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 December 29,
the US Attorney's Office
opposed Cole's subpoena served
on Baked by Melissa, where
Seth Horowitz, a Government
cooperating witness, was the
CEO. The US Attorney's Office
says the information sought is
not relevant, but rather a
fishing expedition.
On January 4
Cole's lawyers at Paul Weiss
wrote to Judge Ramos, "We
understand that Seth Horowitz,
now a cooperating witness for
the government, also was
scheduled to provide SEC
testimony in late 2018, but
that at or around the same
time that Mr. Cole's testimony
was rescheduled, Mr.
Horowitz's testimony was
canceled, likely at the
request of the U.S. Attorney's
Office, to prevent Mr.
Horowitz from testifying and
avoid creating a record that
could be helpful to Mr.
Cole... In July 2020, counsel
for Mr. Cole submission a FOIA
request to the SEC."
On September 10,
Cole filed a motion in limine
seeking to exclude evidence of
his sale of a million shares
of Iconix stock, saying
allowing it in would create
"unfair prejudice."
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).
On October 2,
Cole's lawyer renewed their
request: "As discussed at the
final pretrial conference, we
respectfully submit this
letter to request that the
Court reconsider its decision
to allow the government to
introduce evidence of the
proceeds of Mr. Cole’s sale of
Iconix stock in 2014... In
addition to lacking probative
value and presenting a serious
risk of misleading and
confusing the jury, the
evidence also presents a risk
of unfair prejudice because
the large dollar figure
“play[s] into a bias against
people of wealth.” United
States v. Cassese, 290 F.
Supp. 2d 443, 457 (S.D.N.Y.
2003); see also United States
v. Reyes, 660 F.3d 454, 463–64
(9th Cir. 2011) (affirming the
decision of the district
court, which “showed
sensitivity to undue prejudice
concerns when it forbade the
introduction of evidence that
[the defendant] made $500
million from the sale of [his
company]’s stock, reasoning
that such evidence was unduly
prejudicial, whereupon the
parties agreed that the jury
would be told only that [the
defendant] sold ‘a significant
amount of [the company]’s
stock’”). For all these
reasons, we respectfully
request that the Court
reconsider Mr. Cole’s motion
to exclude evidence of the
stock sale proceeds. Thank you
for your consideration.
Respectfully submitted, /s/
Lorin L. Reisner." Full letter
on Patreon here.
Now on October 3,
the prosecutors have asked for
a so-called Curcio hearing:
"The defendant is represented
by Lorin Reisner, Richard
Tarlowe and Andrew Reich of
the law firm of Paul,
Weiss, Rifkind, Wharton &
Garrison LLP. Assisting
counsel of record in
this representation is
Amanda Weingarten, an
associate at the same firm.
The Government
understands that Ms.
Weingarten is in the process
of applying for a position as
an Assistant United
States Attorney in the
Southern District of New York,
and her application remains
pending. As a result of
Ms. Weingarten’s application,
and the potential conflict of
interest that it presents,
the Government encloses
a proposed set of questions
for the Court to pose at
pursuant to United States v.
Curcio, 680 F.2d 881 (2d Cir.
1982). These questions are
designed to both advise the
defendant of his right
to a counsel with no such
potential conflict and to
confirm on the record that
the defendant is
prepared to go forward with
his current representation."
Inner City Press will cover
the trial.
Watch this site.
The case is US
v. Cole, 19-cr-869
(Ramos).
***
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