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In an unusual move, a magistrate in the Eastern District of New York recommended the suppression of evidence Tuesday from a white-collar crime investigation, finding that the evidence was obtained under a search warrant with "plainly unconstitutional" language.

U.S. Magistrate Judge Anne Shields wrote that federal agents showed deliberate recklessness and disregard for constitutional requirements as they executed a warrant on John Drago's check-cashing companies in 2013.

Drago has pleaded not guilty to charges related to banking and tax crimes, but the warrant failed to describe the crimes he was suspected of, Shields wrote. Prosecutors acknowledged issues with the warrant, but at a July hearing, they argued for a good-faith exception to keep the evidence from being tossed out.

Shields rejected that argument, writing that even though federal agents did not intend to create a bad warrant, they were not just negligent but reckless in their failure to question the warrant or note its problems.

Drago's attorney, David Siegal of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, said he and his client were pleased with the recommendation, which now goes to U.S. District Judge Sandra Feuerstein for review.

It's not yet clear whether the charges against Drago will survive if Feuerstein approves the suppression of this evidence.

In 2017, Siegal represented Wall Street financier Benjamin Wey, whose federal charges were dropped in a similar manner: a judge issued an evidence suppression order related to search warrant issues, and prosecutors were unable to find a way to move forward without that evidence.

Through a spokesperson, prosecutors in the U.S. Attorney's Office for the Eastern District declined to comment. They have until Sept. 24 to file an objection to the magistrate's recommendation.