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Former CEO Of Iconix Neil Cole Blocked From Crossing Horowitz About Prostitution Mentioned In Open Court

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

SDNY COURTHOUSE, Oct 5 – 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  October 3, Cole insisted there should only be vaccinated jurors on his jury, while redacting two full lines and a footnote of his submission.

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).

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.

 Inner City Press will cover the trial.

Watch this site.

The case is US v. Cole, 19-cr-869 (Ramos).

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