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U.S. v. Cole

Rule 17(c) Subpoena Quashed for Failure to Satisfy 'Nixon' Standard, Specificity Prong

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OPINION AND ORDER Pending before the Court is the Government’s motion to quash Neil Cole’s Rule 17(c) trial subpoena for the production of documents relating to his alleged co-conspirator’s employment history. Doc. 56. For the following reasons, the motion is GRANTED. I. BACKGROUND A. The Indictment A Southern District grand jury returned an indictment against Cole in December 2019. Doc. 1. The indictment alleges one count of conspiracy to commit securities fraud, to make false filings with the Securities and Exchange Commission (“SEC”), and to improperly influence the conduct of audits; one count of securities fraud; six counts of making false SEC filings; one count of improperly influencing the conduct of audits; and one count of conspiracy to destroy, alter, and falsify records in a federal investigation. Id. Cole is a former chief executive officer of Iconix Brand Group, Inc. (“Iconix”), a publicly traded brand management company. Id.

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