PUBLIC SAFETY

Court documents reveal Jared Fogle's sordid secret life

Ex-Subway pitchman to plead guilty to child porn charges, having sex with minors

Tim Evans, and Mark Alesia
IndyStar
  • Attorney says Fogle admits to the charges%3B plea deal would send him to prison for at least 5 years.
  • His family denounced Fogle%27s actions%2C and his wife filed for a divorce.
Jared Fogle, a former pitchman for Subway, is escorted to a car by police after pleading guilty on Wednesday, August 19, 2015 to charges of child pornography and having sex with minors.

"The younger the girl, the better."

That, according to court documents, was Jared Fogle's request in November 2012 to a 17-year-old prostitute.

Fogle had just paid her for sex at the storied Plaza Hotel in New York, across from Central Park. He wanted more. A girl even younger than 17.

Fogle's desires, however, went well beyond sex with underage girls. He also had a taste for child pornography, court records show, a depravity extending to kids as young as 6 engaging in sexual activity.

Some of it was commercial pornography made outside the United States. But some of it was secretly recorded in the home of the man who headed Fogle's charitable foundation — of children Fogle knew.

Those were only some of the sordid details of Fogle's secret life revealed in federal court documents filed Wednesday, part of a devastating criminal case against the former Subway restaurant pitchman.

Fogle, 37, the father of two children younger than 5, was charged with distribution and receipt of child pornography and traveling to engage in illicit sexual conduct with a minor, crimes that will land him in prison for at least five years and possibly much longer. As part of a plea deal, federal prosecutors said they will not ask for more than 12 1/2 years, but a final decision is up to a judge, who could sentence Fogle to as much as 50 years.

In court Wednesday before Magistrate Judge Mark Dinsmore, Fogle remained mostly silent. He hung his head, nervously clasped and unclasped his hands, and answered the judge's yes-and-no questions in hushed tones.

After he left the courthouse and was whisked away to an awaiting vehicle, his attorney Jeremy Margolis told reporters that his client admits to the charges. In an instant, Fogle's lucrative image as a bland but appealing everyman who devoted some of his wealth and fame to helping children was shattered.

Reaction was swift and harsh, extending well beyond the onlookers who jeered Fogle as he left the federal courthouse shortly after noon.

His family denounced his actions. His wife filed for a divorce. Subway, the company that made him famous — and for which Fogle had made millions of dollars — tweeted, "Jared Fogle's actions are inexcusable." The company previously severed ties with Fogle after the investigation became public on July 7, when authorities executed a search warrant at his Zionsville home.

Fogle's attorney said his client "requires significant psychiatric medical treatment and counseling," which he has already started with a "world-renowned expert in sexual conditions."

Fogle's secret life began to unravel April 29, when police arrested Russell C. Taylor, former head of The Jared Foundation, on preliminary child pornography charges. But Fogle's interest in child pornography went back to at least 2007, according to court documents, a year before Taylor became head of the foundation.

Fogle frequented online sites with ads for escorts or erotic services. He often fed his desire during business trips, trying to arrange his illicit encounters around his business schedule.

Part of that schedule involved visits to schools, often with Taylor, to promote the foundation's goals of healthy eating and fighting child obesity. But prosecutors said there were no indications that any of those children were victimized.

After Taylor took over The Jared Foundation, prosecutors said, Fogle's illegal activities accelerated.

Some of the evidence used against Fogle came from the case against Taylor. Building the case against Fogle involved examining more than 235,000 text messages, emails, images and videos — more than 5,700 gigabytes in all. Some of that was "commercial" child porn. Some of it Taylor produced.

Taylor is alleged to have had multiple hidden cameras in clock radios in his home that captured children, ages 9 to 16, changing clothes, showering and bathing. Court documents say he shared the photos and video with Fogle, who responded approvingly in text messages. He and Taylor even discussed some of the children by name.

Prosecutors said that when Fogle first learned about Taylor's secret video recordings, in 2011, he chose his own illicit desires over the fate of the victims.

"If Fogle had done the right thing, 13 of those children would have never been victims," U.S. Attorney Josh Minkler said.

Taylor remains in federal custody while awaiting formal charges. Legal experts say the handling of Taylor's case is indicative of someone who is cooperating with authorities.

As part of Fogle's plea agreement, which has not been formally submitted, he will pay each of 14 victims $100,000, which prosecutors said is among the largest restitution orders nationally in a child pornography case.

At least one of those victims was the 17-year-old prostitute Fogle paid to have sex with him during visits to New York.

In early November 2012, Fogle paid to have sex with her at The Plaza hotel. Fogle was at the ritzy hotel, which has been the backdrop in dozens of movies and television shows, while in town for the New York City Marathon.

The next day, Fogle sent the teen a text message offering to pay her if she could find another underage prostitute. It was during those conversations that Fogle said he would accept a 16-year-old and "the younger the girl, the better."

Two days after Christmas that year, Fogle reached out to the teen again, reiterating his desire for another underage partner. He told the teen he would "make it worth her while."

Fogle also asked for explicit photos of the girl, and the teen responded with three nude images.

Two weeks later, Fogle again paid the girl for sex, this time at the Ritz Carlton hotel. Throughout the exchanges, Fogle knew she was a minor.

Fogle did not just rely on teen prostitutes to find victims. He asked adult prostitutes as well, in places such as Richmond, Va., Kansas City and Las Vegas. He offered them a finder's fee, too, saying he wanted girls as young as 14. But first he engaged in sex acts with the prostitutes to ensure they weren't undercover police officers.

He also turned to adults in Florida, Georgia and Washington who weren't prostitutes, telling them of his interest in paying for sex with minors. He even admitted engaging in that activity in the past in conversations that were recorded.

Fogle continued to try to feed his desires even after Taylor's arrest. As recently as June, he traveled out of state in an unsuccessful attempt to engage in sex with a minor, prosecutors said.

It's a shocking fall for a man whose career with Subway lasted 15 lucrative years. He drew the attention of the fast-food giant after famously losing 245 pounds — dropping from 425 pounds to 180 — on a diet of two Subway sandwiches per day, while attending Indiana University.

He quickly became the face of Subway. A very recognizable face that drove sales and created notoriety that he couldn't escape Wednesday outside the federal courthouse in Indianapolis.

A large crowd gathered there to get a glimpse of Fogle. Some jeered. Some taunted. But many just wanted to know how it had come to this. One shouted out the question on everyone's mind:

"Why'd you do that?"

Fogle said nothing.

Star reporters Kristine Guerra, Robert King, Vic Ryckaert and Marisa Kwiatkowski and Star researcher Cathy Knapp contributed to this story.

Call Star reporter Tim Evans at (317) 444-6204. Follow him on Twitter: @starwatchtim.

Call Star reporter Mark Alesia at (317) 444-6311. Follow him on Twitter: @markalesia.