Photo: idrutu/iStockphoto.comUS Judge Faults Warrant, Orders Suppression of Seized Business Records
The Eastern District of New York U.S. Attorney's Office said in a letter to the court that it plans to seek a superseding indictment for the defendant, John Drago, within two weeks.
September 25, 2019 at 04:30 PM
2 minute read
The defendant in a federal white-collar crime case will get some of his business records back, now that a U.S. district judge in the Eastern District of New York has found that they were seized through an illegal search warrant and must be suppressed, according to court documents.
But the U.S. Attorney's Office for the Eastern District of New York said in a letter to the court that it plans to seek a superseding indictment for the defendant, John Drago, within two weeks.
A letter from U.S. Attorney Richard Donoghue to U.S. District Judge Sandra Feuerstein filed Sept. 20 said that the new indictment, which will not rely on any of the materials from the illegal search warrant, will be sent to the grand jury within two weeks.
In his own letter to Feuerstein, Drago's lawyer, David Siegal of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, questioned why the government had not already produced the evidence that it says will support the superseding indictment.
He also called for quick movement in the case, saying the long wait is damaging his client's personal and business affairs.
Feuerstein's order, which was filed Tuesday, is the adoption of a Sept. 10 report and recommendation from U.S. Magistrate Judge Anne Shields.
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