INDIANAPOLIS, Ind. (Nov. 12, 2015) – Federal prosecutors are asking for the maximum sentence from the plea deal outlined by lawyers for former Subway spokesman Jared Fogle.
According to the government’s sentencing memorandum filed on Thursday, U.S. Attorney Josh Minkler and Senior Litigation Counsel Steven DeBrota are asking a judge to sentence Fogle to 12.5 years in prison. They’re also asking for lifetime supervised release once Fogle serves his time.
“Fogle has sacrificed absolutely everything he had built – including his family – to engage in sexually explicit conduct with two minors,” said the U.S. Attorney for the Southern District of Indiana.
Earlier this year, Fogle agreed to plead guilty to viewing and possessing child pornography and having sex with two teenage girls in New York City. He faced a minimum of 5 years in prison and a maximum of 12.5, according to the plea agreement in the case. Fogle will also have to register as a sex offender. He agreed to pay $1.4 million to 14 minor victims involved in the case.
In July, authorities raided Fogle’s Zionsville home in connection with a child pornography investigation. He later agreed to plead guilty.
Fogle, who rose to national fame as a pitchman for Subway sandwiches, admitted he’d paid for sex with minors and obtained child pornography.
From the court documents:
Fogle’s actions greatly impacted the lives of 14 children and their families. He denied them their vital and personal right to grow up free from sexual exploitation and interference by adults. In the process, he committed serious federal crimes, which deserve a sentence within the advisory Sentencing Guideline range.
The United States’ request for a 151 month sentence falls squarely within the advisory range of 135-168 months provided by a correct application of the United Sentencing Guidelines to the facts of this case.
Investigators recovered and examined approximately 5.6 terabytes of data in connection with the Fogle case, including information from more than a dozen smartphones, five tablets, seven computers and six hard drives. In addition, they found video and images on cameras, flash drives, memory cards, CDs and DVDs.
The evidence includes:
- 159,634 SMS & MMS messages
- 27,140 emails, not including Russell Taylor’s account
- 47,623 images
- 3,394 videos
Investigators said Fogle’s friend and associate, Russell Taylor, recorded videos of 12 minors without their knowledge or consent, which Fogle then viewed. Taylor is accused of plying at least two children with drugs, alcohol and money to have sex with him while they were fourteen years old.
“(Fogle) emboldened a molester and a producer of child pornography,” reads the Government’s Sentencing Memorandum filed Thursday. “He allowed Taylor to produce child pornography because of his own sexual attractions. He did this even though he actually knew some of the children in the Taylor’s recordings.”
“Fogle essentially rationalized that Taylor was going to secretly produce more material involving the minors in his home anyway, so he might as well benefit from the production by seeing the results, which interested him,” the prosecutors claim.
While Fogle knew about the child pornography being produced by Taylor, he did nothing to stop it, prosecutors said. They said Fogle went to “great lengths” to obtain child pornography and indulge in his fantasies with minors:
In summary, Fogle has sacrificed absolutely everything he had built – including his family – to engage in sexually explicit conduct with two minors. He emboldened a molester and a producer of child pornography. He allowed Taylor to produce child pornography because of his own sexual attractions. He did this even though he actually knew some of the children in the Taylor’s recordings.
Fogle is due in court for a change of plea hearing on Thursday, Nov. 19, 2015, when he'll learn his sentence.
The sentencing memorandum came down the same day a victim in the conspiracy between Fogle and Taylor spoke out on the nationally syndicated "Dr.Phil" show.
"I did not know there were hidden cameras or anything, and I wouldn't have been okay with it," she said.
A teen by the name of Analissa said she was recorded in Russell Taylor's home without her knowledge when she was 14 years old, in the summer of 2013. She said Taylor would buy alcohol for her and other teens. She also said Taylor tried to get her to have sex with him.
"He was telling me at 16 it was legal to have sex with anybody at any age, and he had me convinced to do that," she said.
The "Dr.Phil" show is syndicated by CBS Television Distribution.
Last month, the journalist who recorded Jared Fogle talking about his desires for children played back those tapes with Dr. Phil.