https://www.sec.gov/litigation/litreleases/2018/lr24131.htm
The Securities and Exchange Commission has filed a subpoena
enforcement action against Shawn Carter seeking an order directing him
to comply with an investigative subpoena for his testimony.
According to the application and supporting papers, which were
filed in federal court in the Southern District of New York, the SEC is
investigating potential violations of the federal securities laws
related to the financial reporting of New York-based Iconix Brand Group,
Inc., which paid Carter more than $200 million to acquire intangible
assets associated with Carter's Rocawear apparel brand. After the
acquisition, Carter and Iconix maintained publicly-disclosed
partnerships related to the Rocawear brand.
In March 2016, Iconix publicly announced a $169 million write
down of Rocawear, and in March of this year, Iconix announced a further
write down of $34 million. The SEC's application states that the
Commission seeks Carter's testimony to inquire about, among other
things, Carter's joint ventures with Iconix. The SEC initially issued a
subpoena for Carter's testimony on November 16, 2017. On February 23,
2018, after Carter retained new counsel, the SEC issued a second
subpoena for Carter's testimony. Carter failed to appear as required by
the subpoenas and, through his counsel, Carter has declined to provide
any additional dates on which he will agree to appear for investigative
testimony.
As stated in the SEC's application, a subpoena enforcement action
is appropriate where the information sought from the witness is
relevant to the investigation. The application does not reflect a
determination by the SEC or its staff that Carter has violated
provisions of the federal securities laws at issue in the investigation.
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