'U.S. v. Cole': Inconsistency in Law of Inconsistent Verdicts?

December 11, 2025  |  New York Law Journal

After his big win with the Second Circuit’s recent reversal of his conviction, former Iconix CEO Neil Cole may not feel fortunate that it took two trials for a jury to convict him of fraud after acquitting him of conspiracy. But had that split verdict happened at a single trial, he’d likely feel much worse. As Morvillo Abramowitz Grand Iason & Anello partners Robert Anello and Richard Albert explain in their latest New York Law Journal column, the Second Circuit’s recent decision overturning Cole’s conviction after a detailed analysis of why his conviction simply could not be squared with his acquittal on a related count illustrates the stark contrast between how Supreme Court doctrine treats inconsistent verdicts rendered at two trials versus one.

'U.S. v. Cole': Inconsistency in Law of Inconsistent Verdicts?