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Subway’s Disgraced Pitchman Jared Fogle Braces for Sentencing

INDIANAPOLIS - Jared Fogle, fallen pitchman for the Subway sandwich chain, will learn his fate on Thursday when the sentencing judge hands down her order. She will determine how many years he will spend behind bars for pleading guilty to having sex with children, and distributing and receiving child pornography.

Fogle could have faced as long as 50 years in prison, but prosecutors struck a deal with his attorneys for a shorter sentence of up to 12-and-a-half years and lifetime supervision. Court documents show that his counsel asked for leniency last week, saying Fogle "is profoundly sorry."

Fogle has now gone on the record asking for a five-year prison sentence, explaining that although his actions were inexcusable in having sex with minors, "these individuals were far older than many victims of this same crime." Fogle recently paid out $1 million to ten of his victims and will pay the remaining four prior to his sentencing this week.

Judge Tanya Walton Pratt, widely regarded as the toughest in Indiana's southern district, is not required to honor the deal with prosecutors when determining what Fogle's sentence should be, according to several news reports last week. A child-porn charge carries a maximum 20 years in prison, and the sex with a minor count is punishable by up to 30 years.

Subway announced it was suspending its 15-year relationship with "Jared" after the FBI and other law enforcement authorities raided his home in Indiana last summer as part of a long-term investigation of possible child pornography charges. The police had arrested Russell Taylor, the executive director of his Jared Fogle Foundation charity, for child exploitation, possession of child pornography and voyeurism. Investigators said they had found 500 images on DVDs and computers in Fogle's home. Taylor will be sentenced in December.

U.S. Attorney Office asks 12.5 years

Last Thursday Indiana's U.S. Attorney Josh J. Minkler and senior litigator Steven D. DeBrota issued the government's sentencing memorandum asking the court to impose a 12 ½ year sentence on Jared Fogle, followed by a lifetime period of supervised release.

They said Fogle did not just commit crimes on his own, but also "with a willing and dangerous co-conspirator, Russell Taylor, the former president of Fogle's childhood obesity foundation and producer of some of the child pornography found in Fogle's possession." DeBrota also states, ". . . it is true that Fogle argues that he is at a low risk to recidivate [to return to previous pattern of behavior]. However, he is more likely to recidivate than others convicted of non-contact child pornography offenses because of his repeated efforts to obtain and use prostituted minors." The government attorneys said  Fogle and Taylor's victims were as young as six-years old.

The attorneys also stated that because Fogle was a public figure, the children's lives will never be the same and their right to privacy will never be fully protected.

After denying allegations that it received formal criticism related to Jared Fogle's request for sex with children, Subway revealed in September that it received one "serious complaint" in 2011. The company stated that a Florida journalist who was working with the FBI to record Fogle's interest in children had made the complaint. But it did not imply anything about sexual behavior or criminal activity and was not properly acted upon, which the company now regrets.

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About Janet Sparks

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Public Profile

Janet Sparks is the former publisher of the Continental Franchise Review, an industry newsletter that covered the franchise community for over 30 years. She has also been a columnist for a leading franchise magazine for the past 13 years. Today she is an independent journalist who engages in investigative reporting, tackling complex issues that impact the franchise industry.

Janet can be reached at or at 303-799-7398.