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August 19, 2015

Even with plea deal, Subway pitchman Jared likely facing at least a decade in federal prison for sex offenses

This Reuters article, headlined "Former Subway pitchman seeks to plead guilty to child pornography, sex charges," provides a lot more factual details concerning the multiple federal sex offenders committed by a renown TV figure.  Here are the ugly factual and legal specifics surrounding Jared Fogle:

Former Subway sandwich chain pitchman Jared Fogle asked a federal judge on Wednesday to accept his plea of guilty to charges of child pornography and traveling for illicit paid sex with minors.  Federal Judge Mark Dinsmore must now review the plea deal Fogle's attorneys reached with prosecutors and decide whether to accept it. In the meantime the court entered a technical plea of not guilty on Fogle's behalf.

Fogle, who became famous after losing a lot of weight on a diet that included Subway sandwiches, was placed on home detention and must wear an electronic monitoring device. No date has been set for his next appearance.

Under the deal, Fogle would serve between five and 12 years in prison, pay $1.4 million in restitution to 14 minor victims, register as a sex offender and meet other conditions....

According to the charges, Rusell Taylor, head of the Jared Foundation set up to combat child obesity, secretly taped 12 minors while they changed clothes and showered at his home, including two who were as young as 13 or 14. He shared the images with Fogle, who knew they showed minors, prosecutors said.

Prosecutors said Fogle also received commercial child pornography from Taylor, viewed it and failed to report it. He stored explicit images of children as young as six, prosecutors said.

Fogle traveled to New York City at least twice between 2010 and 2013 seeking sex with minors, and paid for sex acts with a girl he knew to be 17 years old and another girl younger than 18. He told the first girl he would "make it worth her while" if she could find him another minor to have sex with, "the younger the girl, the better," according to the indictment. Prosecutors said he repeatedly asked prostitutes and others to find him 14- and 15-year-olds for sex.

Police and prosecutors said in a news conference on Wednesday that the investigation of Taylor and Fogle started after a tip from a private citizen....

Immediately after the hearing Fogle's wife, Katie, said in a statement that she would seek an end to the marriage. "Obviously, I am extremely shocked and disappointed by the recent developments involving Jared. I am in the process of seeking a dissolution of the marriage," she said in the statement released by her lawyer.

Fogle's attorney Jeremy Margolis told reporters in a statement on the courthouse steps: "He expects to go to prison, he will do his time... He will continue to make amends to people whose lives he has affected, and at some point hopes to become again a productive member of society."

Authorities searched Fogle's home in the Zionsville suburb northwest of Indianapolis in July, two months after Taylor was arrested on federal child pornography charges. Assistant U.S. Attorney Steven DeBrota said at a news conference that Fogle continued to seek paid sex with minors even after Taylor's arrest, but was not successful.

I would need to see the text of any plea agreement in order to come up with any firm prediction as to Fogle's likely guideline sentencing range or as to what ultimate sentence he will receive. Nevertheless, the fact that Fogle's crimes included not only child porn offenses, but also repeated solicitation of under-age girls (even after he was under investigation) leads me to predict a double-digit prison sentence is already pretty likely.

Prior related post:

August 19, 2015 at 04:48 PM | Permalink


I'll take a swipe at it and if the sentence is between 5 and 12 years it sound like he is getting off really light. He will probably take a conviction under 2252A(a)(2).

The base offense level is 22.
The material involved a prepubescent minor +2
Distribution for the receipt of something of value but not for pecuniary gain +5
Material involved depictions sadistic or masochistic conduct +4
Engaged in a pattern of activity involving sexual abuse of a minor +5
Offense involved between 300-600 images (conservative estimate because there are films involved) +4

Total offense level is 42. Minus 3 for acceptance. Assuming a Criminal History of I the guidelines call for a sentence of 262-327 months. Although it isn't binding on the Judge, any 11(c)(1)(B) agreement to no more than 12 years is very generous.

Posted by: AFPD | Aug 19, 2015 5:35:17 PM

"He stored explicit images of children as young as six, prosecutors said."

A sick sick puppy.

I hope, when he's sitting in prison, he thinks about all he gave up to look at pictures of first graders.

Posted by: federalist | Aug 19, 2015 7:51:22 PM

I agree that Fogle should, and will, receive a lengthy sentence. Passive receipt child pornography is one thing, but active solicitation and consummation of both child pornography and actual solicitation of sexual activity with several minors is reprehensible. While I have my own ideas on how Fogle's background as an obese youth played a part in his desires, which he will have to get past through therapy, the fact that he maintained his fetishization once he became famous is beyond redemption.

There may actually be an increase ABOVE the actual maximum, based upon the judge's past actions of doing so on occasion. Fogle's celebrity status may keep him at the maximum, though, and of course he will be bankrupted by the time he exits prison well into the next decade.

Posted by: Eric Knight | Aug 19, 2015 8:14:56 PM

AFPD, do they really count each image in a video as a separate image? That's the only concerns I'd have there (although only five points for repeated sexual abuse of a minor feels a bit low). That being said, it's four points on what is otherwise still a very significant amount of points. So I agree that he's getting half of what his guidelines would likely call for.

Posted by: Erik M | Aug 20, 2015 8:51:28 AM

Aside from the child porn, that he new was being produced by his friend, Folgel actually traveld to have sex with minors and then actually had sex with minors. This is a very good deal for Folgel. There is no way in hell he would be walking the street in my District.

Posted by: AUSA12 | Aug 20, 2015 10:57:36 AM

Aside from the child porn, that he new was being produced by his friend, Folgel actually traveld to have sex with minors and then actually had sex with minors. This is a very good deal for Folgel. There is no way in hell he would be walking the street in my District.

Posted by: AUSA12 | Aug 20, 2015 10:57:45 AM

I wondered about restitution. One commentary:

"Fogle is being forced to pay $1.4 million to 14 victims. There is little doubt that is a drop in the bucket of the children he harmed through not only soliciting but also viewing child pornography."


Posted by: Joe | Aug 20, 2015 12:16:09 PM

The sick puppies here are the vile feminist lawyers and their male running dogs who believe a 14 year old female is still a child. They are the types that get sexual pleasure from wearing diapers and getting bottle fed by prostitutes.

The females are adults according to nature. They are adults according to 10,000 years of human history and culture. They are adults according to most of the world's religions, and their induction into adulthood rituals. They are adults according to brain testing and psychological testing results.

As to ability to give consent. Try to get one of these hussies to do her homework. Report back. They only do what they want to do.

Posted by: Supremacy Claus | Aug 20, 2015 4:24:49 PM

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