452 Fargo Forfeited to Habitat for Humanity

United States Attorney William J. Hochul, Jr. announced today that the United States Attorney's Office officially transferred 452 Fargo Avenue, Buffalo, New York, a family residence, to Habitat for Humanity/Buffalo Inc. (Habitat). In making today’s announcement, United States Attorney Hochul was joined at the Fargo Avenue residence on Buffalo’s historic west side by the United States Housing and Urban Development (HUD) Field Director Stephen T. Banko III, HUD's Chief Counsel, James Brylinski, a representative from the Federal Bureau of Investigation (FBI), Acting United States Marshal Bryan Matthews, and Habitat President Ronald Talboys.

United States Attorney Hochul stated that the Government 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 Western New York. The investigation led to the arrest of a number of individuals, including the former owners of the property, Enrique Sexto and Luis Pabon. The drug distribution ring used the property on Fargo Avenue to conduct sales of cocaine and heroin, hold meetings with criminal associates, and store drugs and money.

Enrique Sexto and Luis Pabon were both eventually convicted of conspiracy to distribute cocaine and sentenced to federal prison.

United States Attorney Hochul stated that the Fargo Avenue home was forfeited to the United States in May 2009. Immediately thereafter, 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."

United States Attorney Hochul said, “The transfer of 452 Fargo Avenue is a perfect example of how our Asset Forfeiture Program and ‘Weed and Seed’ initiative work effectively for the betterment of our communities and neighborhoods. If it were not for the forfeiture laws, this property could still be owned by criminals and possibly still used to further the distribution of illegal drugs throughout Western New York.”

“However,” continued United States Attorney Hochul, “through the provisions of the ‘Weed and Seed’ initiative, the 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. The property will also now return to the tax rolls, helping all taxpayers in this way.”

FBI Special Agent in Charge James H. Robertson added, "Through the use of federal civil forfeiture laws, which were enacted in 1983, the Fargo Avenue property will soon be owned and enjoyed by a deserving family. The fact that the home was used to store and conduct sales of illegal narcotics made it eligible for seizure under the forfeiture laws. We acknowledge the hard working and dedicated Habitat for Humanity volunteers who will ensure this project reaches completion and soon be returned to the West Side community. Law enforcement enjoys the opportunity to be a good community partner in this endeavor."

Habitat has already started to rehabilitate the home utilizing their vast amount of volunteers and have selected a well deserving, hard working family to live at the property. HUD Field Office Director, Stephen T. Banko III said, “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 Hochul concluded that the arrest of these two individuals was due in part to the great work of the Safe Streets Task Force. This task force is made up of law enforcement from federal, state, and local law enforcement agencies in the Western District of New York.