Longtime Subway pitchman Jared Fogle has agreed to plead guilty to
allegations that he paid for sex acts with minors and received child
pornography that he knew had been secretly produced by the former
director of his charitable foundation, federal prosecutors said in court
documents released Wednesday.
The agreement filed ahead of an expected court appearance by Fogle said
he agrees to pay $1.4 million in restitution to 14 minor victims, who
will each receive $100,000. Fogle will also be required to register as a
sex offender and undergo treatment for sexual disorders.
The government has agreed not to seek a sentence of more than 12½ years
in prison, and Fogle has agreed not to ask for less than five years,
according to the documents, which say Fogle will plead guilty to one
count of traveling to engage in illicit sexual conduct with a minor and
one count of distribution and receipt of child pornography.
Federal judges have wide discretion in sentencing. The child porn charge
carries a maximum penalty of 20 years in prison. The count involving
sex with a minor is punishable by up to 30 years.
The Associated Press left messages seeking comment with Fogle attorney Ron Elberger.
Fogle, 37, became Subway's pitchman after shedding more than 200 pounds
as a college student, in part by eating the chain's sandwiches. He was
the public face of the company for more than 15 years — a period in
which its number of locations tripled, making Subway the world's largest
restaurant chain.
Subway suspended the partnership in July after agents raided his home in
the affluent Indianapolis suburb of Zionsville, and the chain said this
week that it had ended its relationship with Fogle.
Federal prosecutors allege in the documents that the married father of
two traveled to pay for sex acts, including with minors, from 2007 until
as recently as June and that he repeatedly planned business trips to
coincide with his sexual pursuits.
On Nov. 3, 2012, Fogle allegedly paid a 17-year-old girl who he had
found online to engage in sex acts while he was staying at the Plaza
Hotel in New York City, according to the papers. Several months later,
he again paid her for sex acts while staying at the Ritz Carlton Hotel,
according to the document, which says the girl told Fogle her age when
they first met and that he knew she was a minor.
After the first meeting, the document said, Fogle texted the girl and
offered to pay her a fee if she could find him another underage girl to
pay for sex acts.
During these discussions, Fogle "stated that he would accept a
16-year-old girl, while stating that the younger the girl, the better,"
the document said.
Between 2011 and 2013, Fogle also repeatedly sent text messages to other
escorts, "soliciting them to provide him with access to minors as young
as 14 to 15 years," the document said, adding that he would only make
such requests after engaging in sex acts with the escorts to "insure
that they were not undercover police officers."
The document also alleged that Fogle on multiple occasions received
sexually explicit images and videos produced by Russell Taylor, 43, who
ran the charitable Jared Foundation. The foundation sought to raise
awareness about childhood obesity and arranged for Fogle to visit
schools and urge children to adopt healthy eating and exercise habits.
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