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In Trial of Former Iconix Neil Cole Horowitz on Cross Says No Memory of Key Meeting Amid NY Suit for Fees

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

SDNY COURTHOUSE, Oct 7 – 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.

  Also on October 7, Neil Cole sued Iconix in NYS court: "At all relevant times, Mr. Cole served as President, Chief Executive Officer, and Chairman of the Board of Directors of Iconix until his resignation in August 2015, pursuant to a Separation Agreement dated December 29, 2016 (the “Separation Agreement”). Mr. Cole brings this action to enforce the indemnification and advancement provisions of Iconix’s By-Laws that grant him broad advancement and indemnification rights." 655837/2021

  On October 8, the cross examination of Horowitz began, doggedly. Inner City Press live tweeted here:

Neil Cole's lawyer: You felt that Mr. Cole disrespected you and you wrote that you had two possible options, correct? Horowitz: I don't recall. Cole's lawyer: Highlight for the witness... Does this refresh your recollection? Horowitz: I wrote myself a letter

 Cole's lawyer: You wrote, Fight back, correct? Horowitz: The second of my -- Cole's lawyer: Your Honor, direct him to answer my question. Judge Ramos: Why don't you answer the question asked, Mr. Horowitz? Horowitz: Correct.

Cole's lawyer: We offer Defense Exhibit 1023. [The letter to self, now shown, is styled as an email to Cole, circa 2012. ]

Judge Ramos: Let's take a break. Thread will continue - watch this feed.

 We're back, cross of cooperator Horowitz. Cole's lawyer: We offer Defense Exhibit 1181. AUSA: Hearsay! Judge Ramos: Overruled. It's Horowitz' email to LFrankfort at  saying Iconix' President was "not ready to give."

Horowitz: I don't recall.

 Now into evidence: Horowitz' employment agreement, base salary of $625,000 a year, plus a bonus that could equal that.  Judge Ramos just called the lawyers to a sidebar.

After sidebar: Cole's lawyer: You said Mr. Cole told you he'd gotten GBG to pay an extra $5 million - was anyone else present? Horowitz: No. Cole's lawyer: Did you take any notes? Horowitz: No.

 Cross continues, doggedly. Cole's lawyer: Later in March, you told Mr. Margolis you expected to make a proposal to Li Fung on non-Umbro brands in Europe, correct? Horowitz: I don't remember. Cole's lawyer: I offer Defense Exh 1898. [Email to Margonis in Kowloon]

 Now introduced: Horowitz' May 2, 2014 email to Neil Cole, "we have a solution.. amend the Europe JV to include the Lee Cooper brand... I have to go to Eli's school but I'll be in at 9:15 am." [Will the jury, whenever this ends, believe the US' version of this?]

 Neil Cole's lawyer: Mr. Horowitz, do you remember meeting Mr. Margolis in a private room at the Four Seasons Hotel in Las Vegas? Horowitz: I do not. [With 5 minutes remaining, it seems the disputed issue of Horowitz & prostitutes will not be today. #Whorowitz]

Neil Cole's lawyer: Do you recall that Neil Cole was spending most of time promoting the worldwide launch of the Peanuts movie? Horowitz: I do not.

Judge Ramos: And we will end it for the day.

And the week - to be resumed next week.

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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