| FOR IMMEDIATE RELEASE November 21, 2008 WWW.USDOJ.GOV/USAO/CAN |
SAN FRANCISCO– United States Attorney Joseph P. Russoniello announced that on November 20, 2008, a federal grand jury in San Francisco indicted Gary Hardeman of San Francisco, California with Failure to Register as a Sex Offender after returning to the United States after residing in Mexico from October 2007 through February 2008.
According to the indictment, Mr. Hardeman, 53, is alleged to have been required to register as a sex offender and to have failed to register or update his sex offender registration after returning to the United States after travel to Mexico. An affidavit filed by an agent of Immigration and Customs Enforcement in connection with a criminal complaint filed in the same matter also alleges that Hardeman was convicted in 1980 in San Francisco, California of Lewd and Lascivious Acts Upon a Child Under 14 Years Old, and in 1986 in Brisbane, California, Molesting Children, both in violation of California Penal Code. The complaint further alleges that after being advised in September 2007 by the San Francisco Police Department Sex Offender Unit that he was required to register as a sex offender and that he had failed to register, Hardeman still did not register as required by law. The complaint alleges that on October 23, 2007, after being advised of his requirement to register, Hardeman traveled to Mexico and resided there until February 18, 2008 when he returned to San Francisco. The complaint further alleges as of November 3, 2008, Hardeman had not register as a sex offender as required by federal or state law.
The Failure to Register offense is part of the federal Sex Offender Registration and Notification Act enacted by Congress in 2006 as part of the Adam Walsh Child Protection and Safety Act. This legislation aims to strengthen the nationwide network of sex offender registration and notification programs and provide tools for the federal government to assist jurisdictions in enforcing sex offender registration requirements and a means to undertake federal investigations and prosecutions.
Hardeman was arrested by federal authorities on November 6, 2008 and made his first appearance in federal court in San Francisco on November 7, 2008. On November 10, 2008, after a hearing on a motion by the United States to detain Mr. Hardeman without bail, Magistrate Judge Zimmerman ordered him detained. The defendant’s next scheduled appearance is on Monday, November 24, 2008 at 9:30 a.m. for arraignment on the indictment before Magistrate Judge Joseph C. Spero.
The maximum statutory penalty for each count of Failure to Register as a Sex Offender in violation of Title 18, United States Code, section 2250(a) is 10 years, a fine of $250,000, and a term of supervised release of not less than 5 years to a maximum of life. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Denise Marie Barton is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Rosario Calderon. The prosecution is the result of an investigation by Special Agent Jason Barry of the Immigration and Customs Enforcement.
Please note, an indictment contains only allegations against an individual and, as with all defendants, Mr. Hardeman must be presumed innocent unless and until proven guilty.
Further Information:
Case #: 08-0847 WHA
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