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The US appeals Court overturns the fraud conviction of Iconix founder Cole

On Monday, a federal appeals court in Manhattan overturned Neil Cole's conviction for defrauding the investors of the revenue and earnings of the apparel licensing company.

The 2nd U.S. The 2nd U.S. Circuit Court of Appeals ruled that Cole's conviction for eight counts and an 18-month sentence violated the Fifth Amendment of the U.S. Constitution, which prohibits a person from being tried twice in the same case.

A panel of three judges ruled that Cole's conviction at a November 2022 retrial was founded on a theory rejected by a different jury in October 2021 when they acquitted Cole of conspiracy charges and were deadlocked over other charges. The court dismissed the indictment.

Iconix has its headquarters in Manhattan. Iconix's portfolio includes brands such as Candie's, Danskin, Fieldcrest, Joe Boxer, London Fog, Marc Ecko, Pony, and Rocawear created by rapper Jay-Z.

Cole was accused by the prosecutors of orchestrating a number of "round-trip" transactions in which a unit from Hong Kong clothing licensing company Li & Fung paid too much for certain assets with the understanding that it would receive a refund.

The prosecution said that Cole inflate Iconix’s 2014 results by only reporting the inflated prices of purchase to investors.

In Monday's decision, Circuit Judge Susan Carney said the original conspiracy acquittal meant the first jury must have doubted that Cole verbally engineered fraudulent "overpayments-for-givebacks" agreements.

Carney wrote that "evidence of Cole's participation in these agreements was indisputably crucial to his conviction" on the charges. The Double Jeopardy Clause prevented Cole from a retrial.

The Manhattan office of U.S. attorney Jay Clayton had no comments, but sent an auto-reply email invoking the government shutdown.

Cole, in a statement said that he was vindicated and confident Iconix’s brand management business can be reinvented.

Iconix settled U.S. Securities and Exchange Commission (SEC) accounting charges in 2019, paying $5.5 million without admitting any wrongdoing. Lancer Capital bought Iconix in 2021.

U.S. Cole, 2nd U.S. Circuit Court of Appeals No. 23-7566. (Reporting and editing by Bill Berkrot in New York, Jonathan Stempel)

(source: Reuters)