On August 21, 2006, the Defendant was confronted in the driveway of his home in Delaware County by Agents of the Gun Trafficking Task Force. Two of the Agents were armed with their weapons visible. The Agents questioned the Defendant and ultimately a search of his home occurred which revealed the presence of an extensive gun collection. Seventeen Firearms were seized, some of which were found to be Machine Guns, including a Steyr Model MG-42, a Waffenwerke Brunn, Model MG-34, a Sten Mark II, 9 Millimeter, a IMI Model Iuzi 9 Millimeter, a Savage Model Thompson M1A1 45 Caliber Machine Gun, a Leinad Model PM11/9 Millimeter suspected Machine Gun and others.
On June 24, 2008, a Federal Grand Jury sitting in Philadelphia, Pennsylvania returned a Four Count Indictment charging the Defendant with One Count of Unlawful Possession of a Machine Gun and Three Counts of Unlawful Possession of a Firearm not registered in the National Firearms Registration and Transfer Record in violation of Title 18 United States Code Sections 922 (O) entitle 26 United States Code Section 5861 (D).
The Defendant retained Perry de Marco,Sr. Esquire to represent him. Mr. de Marco filed a Motion to Suppress the Search and Seizure of the weapons along with Suppression of the Statements which the Defendant made, as being taken in violation of his Constitutional Rights under the Fourth and Fifth Amendments of the United States Constitution. On November 13, 2008, a Suppression Hearing was held in the United States District Court for the Eastern District of Pennsylvania. Subsequently, by order dated December 9, 2008, The Federal Judge granted the Motion to Suppress. The United States filed a Notice of Appeal from this Order but subsequently filed a Motion to Dismiss the Indictment. That motion was granted on July 1, 2009. It was further ordered that all charges against the Defendant are Dismissed.