Inner City Press

In Other Media-eg New Statesman, AJE, FP, Georgia, NYTAzerbaijan, CSM Click here to contact us     .

These reports are usually available through Google News and on Lexis-Nexis

Share |   

Follow on TWITTER

Home -

These reports are usually available through Google News and on Lexis-Nexis


(FP Twitterati 100, 2013)

ICP on YouTube

More: InnerCityPro
Sept 24, 2013

UN: Sri Lanka


FOIA Finds  

Google, Asked at UN About Censorship, Moved to Censor the Questioner, Sources Say, Blaming UN - Update - Editorial

Support this work by buying this book

Click on cover for secure site orders

also includes "Toxic Credit in the Global Inner City"




Bank Beat

Freedom of Information

How to Contact Us

After Former Iconix Neil Cole Mistrial on 8 Counts On Eve of Retrial US Opposes His Subpoenas

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

SDNY COURTHOUSE, Oct 30 – 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.

Near 2pm on Friday, October 29, the jury sent a note that Juror 4 would not return on Monday. But on Monday, November 1 a partial (not guilty) verdict, on the conspiracy counts. Later, the jury returned deadlocked on eight other counts, triggering a mistrial, as "multiple jurors" were still "standing strong in their convictions." about the case.  Inner City Press asked, Will Cole be retried on securities fraud, making false filings with the SEC and improperly influencing audits?

On November 12, the US indicated it had not decided. It asked Judge Ramos to exclude Speedy Trial Act time until January 15, to by then inform the Count how it wishes to proceed on Counts Two Through Nine.

  On January 14 the US wrote to Judge Ramos again, to ask to put its decision off until January 18. It was granted. Then on January 18, the US wrote again, asking until January 21 "too allow discussions between the parties to continue."

On January 21, the US wrote it to say "it intends to seek a retrial" on Counts Two through Nine.

On October 30, 2022, on the eve of the re-trial, the US specified its opposition to Cole's subpoenas: "The Court’s prior opinion in this case did not, however, hold that all impeachment materials sought by trial subpoenas were necessarily “admissible” within the meaning of Nixon, as Cole now argues. Indeed, this Court’s prior opinion cited United States v. Skelos, 15 Cr. 317 (KMW), 2018 WL 2254538 (S.D.N.Y. May 17, 2018), United States v. Avenatti, 19 Cr. 373 (PGG), 2020 WL 508682 (S.D.N.Y. Jan. 31, 20220), and United States v. Percoco, 2018 WL 9539131 (S.D.N.Y. June 14, 2018) to support its decision. See ECF Doc. 68 at 7. In each of those cases the court acknowledged and applied the admissibility prong of the Nixon analysis to subpoenas that called for impeachment material. Skelos, 2018 WL 2254538, at *2 (Judge Wood affirmed that materials sought under Rule 17 “must themselves be admissible at trial,” and “cannot be used to obtain documents that would be excluded on hearsay grounds or would otherwise be inadmissible as evidence at trial.”) (quotation marks omitted); Avenatti, 2020 WL 508682, at *3, *6; Percoco, 2018 WL 9539131, at *2 (observing that trial subpoenas for impeachment material were not categorically improper but “nothing in Nixon suggests that Rule 17(c)(2) should be read as carte blanche to serve a subpoena that does not seek specific, admissible evidence.”). Based on the Court’s prior ruling, Cole’s trial subpoenas are not infirm merely because they call for impeachment materials, but they still must satisfy the admissibility prong of the Nixon standard. The Subpoenaed Materials Are Not Admissible The subpoenaed materials will not be admissible because Cole may not introduce another person’s characterization of Horowitz’s statements to impeach Horowitz unless Horowitz has reviewed and adopted the characterization." Full filing on Patreon here.

   Watch this site.

Back on October 29, 2021 Inner City Press live tweeted here:

jury note says they must leave at 3, jurors standing firm, and Juror 4 not returning next week. They ask if can render verdict on some not all charges. "If same jury," Judge Ramos says.

Judge Ramos: I don't know if we can have one jury reach decision on some charges and other jury [with 1 alternate added] on others. I'm thinking, No. Do you have Allen charges ready? Counsel: It's too early for that.  [It's 1:46 pm and jurors are leaving at 3...]

 Judge Ramos: On Juror 8, the employer emailed and asked if we will be done by Tuesday. I emailed back that we are not done but hoped to be done today... We have two alternates out there, somewhere.

 Jury entering! Judge Ramos: You're asked if you can reach a unanimous verdict as to some counts but not others. But we don't want a partial verdict with this 12, and another with another 12. Juror 4 [he is named, but we don't], please some to sidebar

After a long sidebar, Judge Ramos tells jury: Yes, you can reach unanimous verdicts on some counts. But we'd like you to continue deliberating on others. So, go and continue. Jury exits.

 Judge Ramos is asked to them them another note. Defense suggests: "Each separate count must be evaluated separately based on the evidence or lack of evidence." Judge Ramos does it. US has not objection.  Judge Ramos: This will be provided to the jury. Coverage will continue #CourtCaseCast

  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).


Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron.


Feedback: Editorial [at]
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA

Mail: Box 20047, Dag Hammarskjold Station NY NY 10017

Reporter's mobile (and weekends): 718-716-3540

Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.

 Copyright 2006-2022 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] for