Federal prosecutors have released documents accusing longtime Subway pitchman Jared Fogle of paying for sex acts with a minor while he stayed in upscale New York City hotels, including the Plaza and the Ritz Carlton, and receiving child pornography.
The 37-year-old Fogle is expected to enter a formal guilty plea at a later date to one count each of traveling to engage in illicit sexual conduct with a minor and distribution and receipt of child pornography. On Wednesday, a tight-lipped Fogle sat in federal court with his hands clasped and quietly answered "no" when the judge asked whether he had any questions about his rights.
Authorities said Fogle offered to pay adult prostitutes a finder's fee if they could connect him with minors for sex acts, including some as young as 14 or 15 years old.
"This is about using wealth, status and secrecy to illegally exploit children," U.S. Attorney Josh Minkler said.
Documents released Wednesday by the U.S. attorney's office in Indianapolis allege 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.
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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, 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.
Posts to social media place Fogle in New York around the dates of the alleged sex acts.
Tweets from Subway's official account indicate Fogle attended events ahead of the New York Marathon in November 2012, appearing in a segment of a news program on Nov. 1 and sitting on a panel with Subway teammates the following day.
On Jan. 12, 2013, Fogel tweeted from his personal account that he would appear on the "Subway Postgame Show" on CBS. He later tweeted photos of himself in Times Square and in the CBS studio.
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.
The agreement released by prosecutors said Fogle will pay $1.4 million in restitution to 14 minor victims, who will each receive $100,000. He will also be required to register as a sex offender and undergo treatment for sexual disorders.
The government agreed not to seek a sentence of more than 12½ years in prison, and Fogle agreed not to ask for less than five years, according to court documents.
Fogle's attorney, Jeremy Margolis, said his client has a "medical problem" and "expects to get well."
In a statement to reporters after Fogle's court appearance, Margolis didn't specify what condition Fogle has, but Margolis said his client sought evaluation by a "world-class psychiatrist." He didn't take any questions.
Fogle "knows that restitution can't undo the damage that he's done, but he will do all in his power to try to make it right," Margolis said.
As Fogle left the courthouse, several people jeered him amid a throng of TV cameras, onlookers and protesters.
One man shouted, "Hey, Jared, leave those kids alone." Others waved signs accusing authorities of going light on Fogle while giving many minorities rougher treatment.
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Two months before Fogle's home was raided, authorities arrested Taylor on seven counts of production of child pornography and one count of possession of child pornography. Investigators said they discovered a cache of sexually explicit photos and videos Taylor allegedly produced by secretly filming minor children at his home.
After those charges were filed, Fogle issued a statement saying he was shocked by the allegations and was severing all ties with Taylor.
Prosecutors also allege that Fogle received from Taylor multiple images and videos, some of which were taken by a video camera hidden in a clock radio that filmed children changing clothes or bathing. Some were taken in buildings were Taylor lived.
The document says Fogle knew those depicted were minors, some as young as 13 or 14 years old, and in some cases knew the minors involved by name and had met them "during social events in Indiana."
In other cases, the document said, Taylor allegedly obtained sexually explicit images taken by others outside the U.S., including videos of children around age 6, and shared them with Fogle.
Taylor's attorney, Brad Banks, has said his client was briefly hospitalized after the allegations against him first surfaced. Sheriff's officials have said Taylor tried to take his own life in jail.
Banks said Tuesday that his client remains in federal custody and that prosecutors have until Sept. 3 to issue a grand jury indictment.
Fogle 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.
In 2013, Subway celebrated the 15-year anniversary of Fogle's famous diet by featuring him in a Super Bowl ad and making him available to news organizations for interviews. At the time, Fogle said he still traveled regularly on behalf of Subway. He also said he had a Subway "black card" that let him eat at the chain for free.
The company, based in Milford, Connecticut, has declined to provide details on its financial arrangements with Fogle.
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