452 Fargo Forfeited to Habitat for Humanity

February 16, 2010 - United States Attorney Kathleen M. Mehltretter announced today that the United States Attorney's Office, in conjunction with the United States Marshals Service, the Federal Bureau of Investigation (FBI), and the United States Department of Housing and Urban Development (HUD) officially transferred 452 Fargo Avenue, Buffalo, New York, a family residence to Habitat for Humanity/Buffalo Inc. (Habitat).

The United States began forfeiture proceedings against 452 Fargo Avenue in October 2008 after an investigation was initiated by the FBI into a cocaine and heroin trafficking organization operating in the City of Buffalo and its suburbs. The investigation led to the arrest of a number of individuals, including the former owners of the property, Enrique Sexto and Luis Pabon. Sexto's and Pabon's drug distribution ring used the property on Fargo Avenue to facilitate their drug business by conducting sales of cocaine and heroin, meeting with criminal associates and storing drugs and money there.

Enrique Sexto was eventually convicted of conspiracy to distribute cocaine and sentenced in September 2009, to 87 months in federal prison. While Luis Pabon was convicted of (conspiracy to distribute cocaine and sentenced in April 2009, to 39 months in federal prison.

452 Fargo Avenue was forfeited to the United States in May 2009. Immediately after the property was forfeited, the United States of America and Habitat leaders began discussing the transfer of the property under the auspices of the federal program known as "Weed and Seed." The property itself was appraised at $30,000.

Habitat plans to rehabilitate the home with their vast amount of volunteers and have selected a well deserving, hard working family to live at the property.

United States Attorney Mehltretter said, “The transfer of 452 Fargo Avenue is a perfect example of how the Department of Justice's Federal Asset Forfeiture Program and "Weed and Seed" Initiative work effectively for the betterment of our communities and neighborhoods. If it were not for the federal civil forfeiture laws, this property would still be in the hands of criminals and possibly still used to further the distribution of illegal drugs throughout Western New York.”

“However,” continued United States Attorney Mehltretter, “through the provisions of the Department of Justice's "Weed and Seed" Initiative, the federal government was able to take this property and remove it from the drug dealers, and in its place establish what will be a wonderful home for a family.”

FBI Special Agent in Charge, James H. Robertson added, “This transfer represents the direction law enforcement is taking today, which is one of agency cooperation and community and goal oriented policing. This transfer represents a solid outcome of a critical law enforcement investigation. It is an investigation that both the law enforcement officers who conducted it and the community it effected can look upon with pride and a sense of accomplishment. There may be no better way to achieve justice than by convicting the drug dealers and taking their profit and property and give it back to the very neighborhood or community it infected and plant the seed for positive growth and development. I know that Habitat for Humanity will plant this important and lasting image of positive growth and development in this community.”

HUD Field Office Director, Stephen T. Banko III, endorsed this joint effort by stating, “This transfer represents the continued commitment of HUD working hand in hand with other law enforcement agencies to utilize the federal asset forfeiture program to effectively transfer this property to deserving community and faith based organizations to better our neighborhoods. Normally, such a transfer occurs through a local police department, however, in this case, where no local agency was involved in the underlying investigation, HUD officials were able to accomplish this task. The local HUD officials did a spectacular job in preparing all of the appropriate documents and they researched many important legal issues concerning the transfer. We look forward to continuing to work with the Department of Justice on other real property transfer projects in all 17 counties that make up the Western District of New York.”

Habitat President Ronald Talboys noted that this is the first time his group received a transfer of forfeited property and is looking forward to working with the federal government on other similar projects in the future. Talboys declared, “When the United States approached our group with this idea, we could not think of a more appropriate situation for our efforts. What better community revitalization effort could there be than removing a drug infested cancer on Buffalo's Westside and replacing it with a jewel for the neighborhood to rally around. To be able to reform this former drug house into a safe living environment for our families truly meets Habitats goals and helps out the Westside neighborhood just as much.”

United States Attorney Mehltretter noted the special efforts and cooperation of FBI Special Agent in Charge James H. Robertson, HUD Field Director Stephen T. Banko III, HUD's Chief Counsel, James Brylinski, United States Marshal Peter Lawrence and Habitat President Ronald Talboys.