Federal Prosecutors Seek 12 ½-Year Sentence for Embattled Ex-Subway Pitchman

APTOPIX Subway Spokesman Raid

Federal prosecutors have filed court documents saying they will seek a 12-and-a-half-year prison sentence for former Subway pitchman Jared Fogle, who has agreed to plead guilty to child pornography and sex-crime charges.

The sentencing memorandum filed Thursday in U.S. District Court in Indianapolis also says prosecutors will ask the federal judge to sentence the suburban Indianapolis man to a lifetime of supervision following his release. Sentencing is set for Nov. 19.

Fogle agreed on Aug. 19 to plead guilty to one count each of travelling to engage in illicit sexual conduct with a minor and distribution and receipt of child pornography. Prosecutors had agreed not to seek a sentence of more than 12-and-a-half years in prison and Fogle agreed not to ask for less than five years.

Indiana authorities who handled the investigation into Fogle have said their probe began in September 2014 based on a tip to Indiana State Police regarding Russell Taylor, the then-executive director of the Jared Foundation.

Fogle, who became a Subway spokesman after shedding more than 200 pounds as a college student, in part by eating the chain's sandwiches, started that foundation to raise awareness and money to fight childhood obesity. Subway ended its relationship with Fogle after authorities raided his suburban Indianapolis home in July.

In September, Subway said the company received a "serious" complaint about Fogle in 2011 from Herman-Walrond, a former journalist who revealed publicly to WWSB-TV in Sarasota in August that she also took her concerns to the FBI and secretly recorded her phone conversations with Fogle for more than four years to assist the agency's investigation.

FBI Special Agent Wendy Osborne said the agency "does not confirm or deny who we work with or who is involved in our cases."

Court documents detailing the charges against the 38-year-old father of two say that Fogle had sex at New York City hotels with two girls under age 18 — one of whom was 16 at the time — and paid them for that sex.

Prosecutors allege Taylor, who's agreed to plead guilty to child exploitation and child pornography charges, secretly filmed those minors as they were nude, changing clothes, or engaged in other activities. Prosecutors said Fogle received photos and videos from Taylor of several of those 12 youths, although not all of them.

Ten victims have already received at least $1 million in restitution Fogle agreed to pay in his plea deal. His four other victims are expected to have either received that money or have arrangements in place for receiving it by the time he is sentenced, prosecutors have said.


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