Editing Jared Fogle (section)

== Legal history ==

=== Child pornography investigation and arrest ===
In 2007, Fogle came to the attention of state and federal law enforcement agencies after [[Sarasota, Florida]], journalist and radio host Rochelle Herman-Walrond told the [[Sarasota Police Department]] he made lewd comments to her about [[middle school]]-age girls; she had met Fogle at a local middle school for a health event, as he was in Sarasota for his speaking tour. She made recordings of Fogle's remarks and saved text messages between them, and then went to the FBI, where agents asked her to record her conversations with him. Herman-Walrond befriended Fogle and for the next four years surreptitiously recorded her conversations with him as part of an ongoing federal investigation. She recorded him making several remarks about having had sex with underage girls and asking her to install a [[webcam]] in her children's rooms so he could watch them; ultimately, the FBI could not pursue a case against Fogle using the recordings because they needed more substantive evidence against him.<ref name="abcnews">{{cite news |url=https://abcnews.go.com/US/woman-helped-subway-spokesman-jared-fogle/story?id=33197355 |work=[[ABC News (United States)|ABC News]] |title=The Woman Who Said She Helped Take Down Ex-Subway Spokesman Jared Fogle |last=Perez |first=Alex |date=August 20, 2015 |access-date=May 15, 2016|archive-url=https://web.archive.org/web/20160531052231/http://abcnews.go.com/US/woman-helped-subway-spokesman-jared-fogle/story?id=33197355|archive-date=May 31, 2016|url-status=live}}</ref><ref>{{cite news |title=FBI informant shares lurid details of Jared Fogle recordings |first=Vladimir |last=Duthiers |date=October 29, 2015 |work=[[CBS This Morning]] |url=https://www.cbsnews.com/news/fbi-informant-shares-lurid-details-of-jared-fogle-secret-recordings/ |access-date=May 16, 2016 |archive-url=https://web.archive.org/web/20160512053824/http://www.cbsnews.com/news/fbi-informant-shares-lurid-details-of-jared-fogle-secret-recordings/ |archive-date=May 12, 2016 |url-status=live}}</ref><ref>{{cite news |first=Max |last=Winitz |url=http://www.mysuncoast.com/news/local/why-did-the-jared-fogle-investigation-take-so-long/article_70e4e29e-4840-11e5-9e56-4bc894c2f0d2.html |work=MySuncoast |title=Why did the Jared Fogle investigation take so long?|date=August 21, 2015 |access-date=July 13, 2016 |archive-url=https://web.archive.org/web/20160724215331/http://www.mysuncoast.com/news/local/why-did-the-jared-fogle-investigation-take-so-long/article_70e4e29e-4840-11e5-9e56-4bc894c2f0d2.html |archive-date=July 24, 2016 |url-status=dead}}</ref>

During the investigation into Russell Taylor's child pornography operation, authorities discovered that Taylor had traded sexually explicit photos and videos of children, some as young as six, with Fogle, including images of his own stepdaughters.<ref name=TaylorDaughters>{{cite web|first=Christine|last=Pelisek|url=https://people.com/crime/sisters-victimized-disgraced-subway-spokesman-jared-fogle-speak-out/|title=2 Sisters Who Were Victimized by Disgraced Subway Spokesman Jared Fogle Share Their Story: 'He's a Monster'|work=[[People (magazine)|People]]|date=March 3, 2023|accessdate=July 17, 2023|archive-date=July 17, 2023|archive-url=https://web.archive.org/web/20230717073025/https://people.com/crime/sisters-victimized-disgraced-subway-spokesman-jared-fogle-speak-out/|url-status=live}}</ref> Taylor, who was sentenced to 27 years in prison,<ref name=PeopleRussellTaylor>{{cite web|first=Hilary|last=Shenfield|url=http://www.people.com/article/jared-fogle-associate-russell-taylor-sentenced-27-years|title=Jared Fogle Associate Russell Taylor Sentenced to 27 Years in Child Porn Case|work=[[People (magazine)|People]]|date=December 10, 2015|access-date=May 14, 2016|archive-url=https://web.archive.org/web/20160315173305/http://www.people.com/article/jared-fogle-associate-russell-taylor-sentenced-27-years|archive-date=March 15, 2016|url-status=live}}</ref> was later named an [[unindicted co-conspirator]] in the FBI's case against Fogle.<ref name="cbs">{{cite news |title=U.S. Atty: Jared Fogle used "wealth, status and secrecy" to exploit kids |first=Adriana |last=Diaz |date=August 19, 2015 |work=[[CBS Evening News]] |url=https://www.cbsnews.com/news/united-states-attorney-jared-fogle-used-wealth-status-and-secrecy-to-exploit-kids/ |access-date=November 19, 2015 |archive-url=https://web.archive.org/web/20151120074741/http://www.cbsnews.com/news/united-states-attorney-jared-fogle-used-wealth-status-and-secrecy-to-exploit-kids/ |archive-date=November 20, 2015 |url-status=live}}</ref> "What we found in Russell Taylor's home and on his computers led us to Jared Fogle," said Tim Horty, a spokesman for the [[United States Department of Justice]].<ref name="PeopleRussellTaylor" />

On July 7, 2015, the FBI and [[Indiana State Police]] investigators raided Fogle's [[Zionsville, Indiana]] residence and arrested him on charges of distribution and receipt of child pornography; computers and other electronic equipment were removed from his home.<ref>{{cite news|first1=Matt|last1=Adams|first2=Zach|last2=Myers|title=Federal authorities raid home of Subway spokesman Jared Fogle in child pornography investigation|url=http://fox59.com/2015/07/07/federal-authorities-raid-home-of-subway-spokesman-jared-fogle/|work=[[WXIN]]|date=July 7, 2015|access-date=March 8, 2018|archive-url=https://web.archive.org/web/20180305093408/http://fox59.com/2015/07/07/federal-authorities-raid-home-of-subway-spokesman-jared-fogle/|archive-date=March 5, 2018|url-status=live}}</ref><ref>{{cite news|first1=Jason|last1=Hanna|first2=Chuck|last2=Johnston|title=Authorities search Subway pitchman Jared Fogle's home|url=http://www.cnn.com/2015/07/07/us/indiana-subway-fogle/|publisher=[[CNN]]|location=Atlanta, Georgia|date=July 7, 2015|access-date=March 8, 2018|archive-url=https://web.archive.org/web/20180215232831/http://www.cnn.com/2015/07/07/us/indiana-subway-fogle/|archive-date=February 15, 2018|url-status=live}}</ref> The same day, a spokesperson for Subway announced that the company and Fogle had mutually agreed to suspend their business relationship; subsequently, Subway removed all references to Fogle from its website.<ref>{{cite news |first1=Sarah |last1=Larimer |first2=Abby |last2=Ohlheiser |url=https://www.washingtonpost.com/news/morning-mix/wp/2015/07/07/reports-investigators-spotted-at-home-of-subway-spokesman-jared-fogle/ |title=Subway, spokesman Jared Fogle 'suspend their relationship' amid investigation |newspaper=[[The Washington Post]] |date=July 7, 2015 |access-date=May 14, 2016 |archive-url=https://web.archive.org/web/20160312153923/https://www.washingtonpost.com/news/morning-mix/wp/2015/07/07/reports-investigators-spotted-at-home-of-subway-spokesman-jared-fogle/ |archive-date=March 12, 2016 |url-status=live  }}</ref><ref>{{cite news|first1=Tom|last1=Murphy|first2=Rick|last2=Callahan|url=https://www.usnews.com/news/us/articles/2015/07/07/federal-indiana-authorities-raid-home-of-subway-spokesman|title=Subway suspends ties with spokesman Jared Fogle after raid following arrest of foundation head|newspaper=[[U.S. News & World Report]]|date=July 7, 2015|access-date=July 12, 2017|archive-url=https://web.archive.org/web/20170228155505/https://www.usnews.com/news/us/articles/2015/07/07/federal-indiana-authorities-raid-home-of-subway-spokesman|archive-date=February 28, 2017|url-status=live}}</ref>

Following Fogle's arrest, the FBI also [[subpoena]]ed a series of [[Text messaging|text messages]] made in 2008 between Fogle and Subway franchisee Cindy Mills, with whom he was having a sexual relationship at the time. In these messages, Fogle talked about sexually abusing children ranging in age from 9 to 16, told her to sell herself for sex on [[Craigslist]], and asked her to arrange for him to have sex with her 16-year-old cousin.<ref>{{cite news|first=Kaja|last=Whitehouse|url=https://www.usatoday.com/story/money/2015/08/28/subway-executives-knew-jared-fogel-pedophile-children-former-franchisee/71297640/|title=Franchisee: Subway execs knew about Jared Fogle's interest in children|newspaper=[[USA Today]]|date=August 28, 2015|access-date=December 30, 2017|archive-url=https://web.archive.org/web/20171231163935/https://www.usatoday.com/story/money/2015/08/28/subway-executives-knew-jared-fogel-pedophile-children-former-franchisee/71297640/|archive-date=December 31, 2017|url-status=live}}</ref><ref name="daily beast">{{cite news|first=Kate|last=Briquelet|url=https://www.thedailybeast.com/jared-fogles-ex-wife-says-subway-knew-its-spokesman-was-a-pedophile|title=Jared Fogle's Ex-Wife Says Subway Knew Its Spokesman Was a Pedophile|newspaper=[[The Daily Beast]]|date=October 24, 2016|access-date=December 30, 2017|archive-url=https://web.archive.org/web/20171115041357/https://www.thedailybeast.com/jared-fogles-ex-wife-says-subway-knew-its-spokesman-was-a-pedophile|archive-date=November 15, 2017|url-status=live}}</ref> Mills's lawyer said that she had alerted Subway's corporate management about the text messages, but that they had responded that because Fogle was not a Subway employee, there was no violation. Subway representatives said they had no record of Mills's allegations.<ref>{{cite magazine|first=Hayley|last=Peterson|url=http://www.businessinsider.com/fbi-subpoenae-subway-jared-fogles-text-2015-7|title=The FBI has subpoenaed lewd text messages between Subway's Jared Fogle and a former Subway franchisee|magazine=[[Business Insider]]|date=July 31, 2015|access-date=November 19, 2015|archive-url=https://web.archive.org/web/20151116091245/http://www.businessinsider.com/fbi-subpoenae-subway-jared-fogles-text-2015-7|archive-date=November 16, 2015|url-status=live}}</ref>

=== Plea agreement ===
On August 19, 2015,<ref name=Aug2015PleaDeal>{{cite web |title=Petition to Enter Plea of Guilty and Plea Agreement, United States v. Jared Fogle  |first1=Josh J. (United States Attorney) |last1=Minkler |author-link1=Joshua Minkler |first2=Steven D. (Assistant United States Attorney) |last2=DeBrota |first3=Joe H. (First Assistant United States Attorney) |last3=Vaughn |first4=Jared (Defendant) |last4=Fogle |first5=Jeremy D. (Counsel for Defendant) |last5=Margolis |first6=Andrew (Counsel for Defendant) |last6=DeVooght |date=August 19, 2015 |publisher=[[United States District Court for the Southern District of Indiana]] - Indianapolis Division |url=https://i2.cdn.turner.com/cnn/2015/images/08/19/fogle.indictment.pdf |access-date=October 13, 2023 |archive-url=https://web.archive.org/web/20230404061553/https://i2.cdn.turner.com/cnn/2015/images/08/19/fogle.indictment.pdf |archive-date=2023-04-04 |url-status=live}}</ref> federal prosecutors announced they had reached a deal with Fogle in which he would plead guilty to their August 15, 2015, indictment containing two counts, one of distribution and receipt of child pornography (Count 1) and one of traveling to engage in illicit sexual conduct with a minor—specifically, from Indiana to [[New York City]], where he is charged with paying to engage in sexual acts with a [[Minor (law)|minor]] girl{{snd}}known by Fogle to be 17 years old at the time (Count 2).<ref name="cbs" /><ref name=Aug2015Indictment>{{cite web |title=Indictment, United States v. Jared Fogle  |first1=Josh J. (United States Attorney) |last1=Minkler |author-link1=Joshua Minkler |first2=Steven D. |last2=DeBrota |date=August 19, 2015 |publisher=[[United States District Court for the Southern District of Indiana]] - Indianapolis Division |url=https://i2.cdn.turner.com/cnn/2015/images/08/19/fogle.indictment.pdf |access-date=October 13, 2023 |archive-url=https://web.archive.org/web/20230404061553/https://i2.cdn.turner.com/cnn/2015/images/08/19/fogle.indictment.pdf |archive-date=April 4, 2023 |url-status=live}}</ref> In the August 15 indictment, the [[Joshua Minkler|United States Attorney]] for the [[United States District Court for the Southern District of Indiana|Southern District of Indiana]] included allegations in Count 1 that Fogle: was fully aware of, and approved of, co-conspirator Russell Taylor soliciting 12 minors, as young as 13 years old, to perform sexually explicit conduct, secretly filming the conduct then sharing the video and image files with Fogle; was aware that Taylor had commercially obtained, and shared with Fogle, sexually explicit images of minors as young as six years old; and, knowingly shared the material obtained from Taylor with other parties.<ref name="cbs" /><ref name=Aug2015Indictment/> The August 15 indictment included allegations in Count 2 that Fogle: offered adult prostitutes a [[finder's fee]] to find him younger sex partners; sent text messages to these prostitutes in which Fogle also expressed sexual interest in young boys; and, in addition to engaging in sexual acts with the aforementioned 17-year-old girl, he also offered her a finder's fee to find him sex partners younger than her.<ref name="cbs" /><ref name=Aug2015Indictment/>

According to the plea documents filed in the United States District Court for the Southern District of Indiana, Fogle faced up to 50 years in prison had he gone to trial, based on potentially serving, consecutively, a maximum of 20 years on Count 1 and a maximum of 30 years on Count 2.<ref name=Aug2015PleaDeal/> As part of the plea deal{{snd}}which was not binding on the sentencing judge{{snd}}prosecutors agreed to seek no more than 12 years 7 months, while Fogle agreed to not seek a sentence of less than five years.<ref name=Aug2015PleaDeal/><ref>{{cite news |title=Jared Fogle Charges: The Latest |url=https://www.usnews.com/news/business/articles/2015/08/19/feds-fogle-sought-sex-with-minors-had-child-pornography|agency=[[Associated Press]] |newspaper=[[U.S. News & World Report]]|date=August 19, 2015 |access-date=August 21, 2015 |archive-url=https://web.archive.org/web/20160106052418/http://www.usnews.com/news/business/articles/2015/08/19/feds-fogle-sought-sex-with-minors-had-child-pornography |archive-date=January 6, 2016 |url-status=live}}</ref> Fogle also agreed to pay a total of {{US$|1.4|link=yes}}{{nbsp}}million (equivalent to ${{Inflation|US|1.4|2006|r=1|fmt=c}}{{nbsp}}million in {{Inflation/year|US}}) in restitution{{snd}}$100,000 to each victim ({{Inflation|US|100000|2015|r=-3|fmt=eq}}).<ref name=Aug2015PleaDeal/><ref name=ET>{{cite news |first1=Jackie |last1=Willis |title=Jared Fogle's Wife Filing for Divorce After Child Pornography Charges |url=http://www.etonline.com/news/170258_jared_fogle_wife_to_divorce_him_after_child_pornography_charges/ |work=[[Entertainment Tonight]] |date=August 19, 2015 |access-date=August 19, 2015 |archive-url=https://web.archive.org/web/20150820123112/http://www.etonline.com/news/170258_jared_fogle_wife_to_divorce_him_after_child_pornography_charges/ |archive-date=August 20, 2015 |url-status=live}}</ref> As a condition of his plea deal, Fogle would be restricted to supervised contact or communication with minors upon approval of his probation officer, while supervised visits with his own children would be allowed only with approval of their mother, Fogle's soon-to-be ex-wife Katie McLaughlin.<ref name=Aug2015PleaDeal/><ref name=People8.19.15>{{cite magazine |first=Char |last=Adams |title=Jared Fogle's Wife Seeks Divorce as Subway Spokesman Faces up to 12½ Years in Prison for Child Sex Charges |url=http://www.people.com/article/jared-fogle-wife-divorce-child-porn-charges |magazine=[[People (magazine)|People]] |date=August 19, 2015 |access-date=August 19, 2015 |archive-url=https://web.archive.org/web/20150819184653/http://www.people.com/article/jared-fogle-wife-divorce-child-porn-charges |archive-date=August 19, 2015 |url-status=live}}</ref> Under the terms of the plea agreement, upon release from prison, Fogle will be required to [[Sex offender registry|register]] as a [[sex offender]] for the rest of his life and undergo treatment for [[Paraphilia|sexual disorders]].<ref name=Aug2015PleaDeal/><ref name="cbs"/>

Soon after the plea deal was announced, Subway announced via [[Twitter]] that it had completely severed ties with Fogle.<ref>{{cite web |first1=Andy |last1=Campbell |first2=Michael |last2=McLaughlin |title=Subway Fires Jared Fogle Ahead Of Expected Child Porn Guilty Plea |url=https://www.huffingtonpost.com/entry/subway-fires-jared-fogle-ahead-of-expected-child-porn-guilty-plea_55d3b609e4b07addcb448ac3 |website=[[HuffPost|The Huffington Post]] |date=August 19, 2015 |access-date=August 19, 2015 |archive-url=https://web.archive.org/web/20150822091941/http://www.huffingtonpost.com/entry/subway-fires-jared-fogle-ahead-of-expected-child-porn-guilty-plea_55d3b609e4b07addcb448ac3 |archive-date=August 22, 2015 |url-status=live}}</ref>

On November 19, 2015, Fogle formally pleaded guilty before federal judge [[Tanya Walton Pratt]]. In a statement, Fogle apologized for his crimes, saying that he wanted a chance to become a "good, honest person" and "redeem [his] life" after being ensnared in a life of "deception, lies and complete self-centeredness." According to John Bradford, a [[forensic psychiatry|forensic psychiatrist]] who testified for Fogle's defense team, Fogle suffered from a compulsive [[eating disorder]] for several years before losing weight, and replaced food with a sense of "[[hypersexuality]]", which included "mild" or "weak" [[pedophilia]].<ref name=NBC>{{cite news|first1=Erik|last1=Ortiz|first2=Nick|last2=Bogert|url=https://www.nbcnews.com/news/us-news/jared-fogle-ex-subway-pitchman-pleads-guilty-child-porn-sex-n466256|title=Jared Fogle, Ex-Subway Pitchman, Gets 15 Years in Prison for Child Porn Charges|work=[[NBC News]]|date=November 19, 2015|access-date=July 13, 2016|archive-url=https://web.archive.org/web/20160718040328/https://www.nbcnews.com/news/us-news/jared-fogle-ex-subway-pitchman-pleads-guilty-child-porn-sex-n466256|archive-date=July 18, 2016|url-status=live}}</ref> That diagnosis was not accepted by experts in the psychiatry field and was criticized by Judge Pratt and on [[social media]].<ref>{{cite news |first=Jeremy |last=Berke |title=Ex-Subway pitchman Jared Fogle's 'diagnosis' doesn't show up in the bible of psychiatric disorders |url=http://www.businessinsider.com/jared-fogle-was-diagnosed-as-a-weak-pedophile-2015-11 |magazine=[[Business Insider]] |date=August 19, 2015 |access-date=August 14, 2016 |archive-url=https://web.archive.org/web/20160817173151/http://www.businessinsider.com/jared-fogle-was-diagnosed-as-a-weak-pedophile-2015-11 |archive-date=August 17, 2016 |url-status=live}}</ref><ref name=Ryckaertmild>{{cite news |first=Vic |last=Ryckaert |title=Jared Fogle's 'mild pedophilia' diagnosis draws backlash |url=http://www.indystar.com/story/news/crime/2015/11/20/jared-fogles-mild-pedophilia-diagnosis-draws-backlash/76107846/ |newspaper=[[The Indianapolis Star]] |date=November 21, 2015 |access-date=August 14, 2016 |archive-url=https://web.archive.org/web/20151231090017/http://www.indystar.com/story/news/crime/2015/11/20/jared-fogles-mild-pedophilia-diagnosis-draws-backlash/76107846/ |archive-date=December 31, 2015 |url-status=live}}</ref> The next day, Liberty Behavioral Health Corporation psychologist Adam Deming suggested that Bradford's use of the words "mild" and "weak" had meant to convey that Fogle's primary sexual attraction was to early teenagers, but that he had a lesser attraction to younger children.<ref name=Ryckaertmild />

When Fogle finished his [[allocution]] before Judge Pratt, she sentenced him to 15 years and 8 months in prison,<ref name=NBC/><ref>{{Cite news |first=Julie |last=Jargon |title=Jared Fogle Sentenced to 15 1/2 Years in Prison |url=https://www.wsj.com/articles/jared-fogle-to-be-sentenced-thursday-1447942432 |work=[[The Wall Street Journal]] |date=November 19, 2015 |access-date=November 20, 2015 |archive-url=https://web.archive.org/web/20151119220653/http://www.wsj.com/articles/jared-fogle-to-be-sentenced-thursday-1447942432 |archive-date=November 19, 2015 |url-status=live}}</ref> over three years more than what prosecutors had sought and three times what Fogle had requested. Pratt stated that the "level of perversion and lawlessness exhibited by Mr. Fogle is extreme." Fogle must serve a minimum of 13 years before becoming eligible for time off with good behavior. After serving his sentence, he will be on [[United States federal probation and supervised release|supervised release]] for the rest of his life.<ref name=NBC /><ref>{{cite news |first=Sarah |last=Larimer |url=https://www.washingtonpost.com/news/morning-mix/wp/2015/11/19/jared-fogle-ex-subway-spokesman-pleads-guilty-to-child-porn-sex-crimes-against-minors/ |title=Jared Fogle, ex-Subway spokesman, gets 15 years in prison for child porn, sex crimes |newspaper=[[The Washington Post]] |date=November 19, 2015 |access-date=November 20, 2015 |archive-date=November 19, 2015 |archive-url=https://web.archive.org/web/20151119224223/https://www.washingtonpost.com/news/morning-mix/wp/2015/11/19/jared-fogle-ex-subway-spokesman-pleads-guilty-to-child-porn-sex-crimes-against-minors/ |url-status=live }}</ref> Pratt also fined him $175,000 and ordered him to forfeit $50,000 in assets (a total equivalent to ${{Inflation|US|225000|2015|r=-3|fmt=c}} in {{Inflation/year|US}}), in addition to the restitution he agreed to pay to his victims.<ref>{{cite press release |title=Jared S. Fogle sentenced in child pornography case |date=2015-12-18 |orig-date=2015-11-19 |publisher=[[United States District Court for the Southern District of Indiana#List of U.S. attorneys since 1929|U.S. Attorney's Office, Southern District of Indiana]] |url=https://www.justice.gov/usao-sdin/pr/jared-s-fogle-sentenced-child-pornography-case |access-date=2015-11-19 |archive-url=https://web.archive.org/web/20151120082033/http://www.justice.gov/usao-sdin/pr/jared-s-fogle-sentenced-child-pornography-case |archive-date=2015-11-20}}</ref>

Fogle's lawyer, Ron Elberger, filed a notice of appeal on December 14, 2015.<ref name=SanchezFogleentersBOP>{{cite web|first=Rafael|last=Sanchez|url=http://www.theindychannel.com/news/u-s-world/jared-fogle-moved-to-federal-oklahoma-city-prison|title=Jared Fogle files appeal, moved to federal Oklahoma City prison|work=The Indy Channel|date=December 15, 2015|access-date=December 17, 2015|archive-url=https://web.archive.org/web/20151216175538/http://www.theindychannel.com/news/u-s-world/jared-fogle-moved-to-federal-oklahoma-city-prison|archive-date=December 16, 2015|url-status=live}}</ref> Fogle is able to appeal the sentence, since it is longer than the maximum sentence recommended by the prosecutors. The appeal brief was due by January 25, 2016,<ref>{{cite web|first=Rick|last=Callahan|url=http://bigstory.ap.org/ecfe5b80caae474b9a91c581559aecb8|title=Ex-Subway pitchman Jared Fogle appealing child porn sentence|work=The Big Story |agency=[[Associated Press]]|date=December 15, 2015|access-date=December 17, 2015|archive-url=https://web.archive.org/web/20151218215231/http://bigstory.ap.org/ecfe5b80caae474b9a91c581559aecb8|archive-date=December 18, 2015|url-status=live}}</ref> but Fogle asked for and was granted an extension for his appeal after Elberger was diagnosed with cancer.<ref>{{cite web|first=Matt|last=Adams|url=http://www.indystar.com/story/news/fox59/2016/01/14/jared-fogle-gets-appeal-extension-after-attorneys-cancer-diagnosis/78801632/|title=Jared Fogle gets appeal extension after attorney's cancer diagnosis|work=[[The Indianapolis Star]]|date=January 14, 2016|access-date=January 17, 2016|archive-url=https://web.archive.org/web/20160208220133/http://www.indystar.com/story/news/fox59/2016/01/14/jared-fogle-gets-appeal-extension-after-attorneys-cancer-diagnosis/78801632/|archive-date=February 8, 2016|url-status=live}}</ref> After the appeal was filed, the U.S. Attorney's office responded by opposing any sentence reduction.<ref name="cbs4">{{cite news|first=Dan|last=Margason|title=Court docs: Prosecutors push back against Jared Fogel's (sic) appeal|url=http://cbs4indy.com/2016/04/18/court-docs-prosecutors-push-back-against-jared-fogle-appeal/|work=cbs4indy.com|date=April 27, 2015|access-date=April 27, 2016|archive-url=https://web.archive.org/web/20160420102947/http://cbs4indy.com/2016/04/18/court-docs-prosecutors-push-back-against-jared-fogle-appeal/|archive-date=April 20, 2016|url-status=live}}</ref> On June 9, 2016, Fogle's sentence was upheld by the [[United States Court of Appeals for the Seventh Circuit]].<ref>{{cite news|first=Kristine|last=Guerra|url=http://www.indystar.com/story/news/crime/2016/06/09/jared-fogles-sentence-upheld-federal-appeals-court/85668290/|title=Jared Fogle's sentence upheld by federal appeals court|newspaper=[[The Indianapolis Star]]|publisher=[[Gannett Company]]|location=Indianapolis, Indiana|date=June 9, 2016|access-date=June 27, 2016|archive-url=https://web.archive.org/web/20180613140037/https://www.indystar.com/story/news/crime/2016/06/09/jared-fogles-sentence-upheld-federal-appeals-court/85668290/|archive-date=June 13, 2018|url-status=live}}</ref>

===Incarceration===
[[File:Fcienglewood.jpg|thumb|[[Federal Correctional Institution, Englewood]], where Fogle is incarcerated]]
Fogle's lawyers recommended that he serve his sentence at [[Federal Correctional Institution, Englewood]] near [[Littleton, Colorado]]; it has a program for sex offenders.  Judge Pratt agreed with the recommendations, but she had no authority to determine where Fogle would serve his sentence.<ref>{{cite news|first=Mark|last=Alesia |title=Jared Fogle sentenced to 15 years, eight months in prison |work=[[The Indianapolis Star]] |url-status=unfit|url=http://www.indystar.com/story/news/crime/2015/11/18/jared-fogle-subway-prison-child-pornography-russell-taylor/75934522/|archive-url=https://web.archive.org/web/20151123204005/http://www.indystar.com/story/news/crime/2015/11/18/jared-fogle-subway-prison-child-pornography-russell-taylor/75934522/|archive-date=November 23, 2015|date=November 18, 2015 |access-date=November 19, 2015 }}</ref> On November 21, 2015, Fogle arrived at the [[Henderson County, Kentucky]], Detention Center, where he was held on a temporary basis.<ref>{{cite web|first=Jessica|last=Gavin|url=http://www.14news.com/story/30564132/jared-fogle-heading-to-henderson-co-detention-center|title=Jared Fogle arrives at Henderson Co. Detention Center|work=[[WFIE]] (14 News)|date=November 20, 2015|access-date=November 28, 2015|archive-url=https://web.archive.org/web/20151122223204/http://www.14news.com/story/30564132/jared-fogle-heading-to-henderson-co-detention-center|archive-date=November 22, 2015|url-status=dead}}</ref> Fogle entered [[Federal Bureau of Prisons]] (BOP) custody, going to [[Federal Transfer Center, Oklahoma City]], on December 15, 2015.<ref name=SanchezFogleentersBOP /> Three days later, he was transferred to FCI Englewood.<ref name=FogleatEnglewood>{{cite news|first=Deb|last=Stanley|url=http://www.thedenverchannel.com/news/front-range/englewood/former-subway-pitchman-jared-fogle-moved-to-colorado-prison-englewood-fci|title=Subway's Jared moved to Colorado prison|work=The Denver Channel|date=December 18, 2015|access-date=December 24, 2015|archive-url=https://web.archive.org/web/20151223205205/http://www.thedenverchannel.com/news/front-range/englewood/former-subway-pitchman-jared-fogle-moved-to-colorado-prison-englewood-fci|archive-date=December 23, 2015|url-status=live}}</ref> Fogle's BOP number is 12919-028. His earliest possible release date is March 24, 2029.<ref>"[http://www.bop.gov/inmateloc/ Inmate Locator] {{Webarchive|url=https://web.archive.org/web/20161118163241/http://www.bop.gov/inmateloc/ |date=November 18, 2016 }}." [[Federal Bureau of Prisons]]. Retrieved on December 6, 2015. He is listed as "Jared S Fogle"</ref>

[[File:Jared Fogle Prison ID.jpg|thumb|[[Mugshot]] of Fogle shortly before being transferred to FCI Englewood in 2015.]]

On January 29, 2016, Fogle was beaten by fellow inmate Steven Nigg. As a result, he received a bloody nose, scratches to his neck, and swelling around his face, while his attacker sustained cuts and bruises in return. Nigg's brother James stated that, afterwards, Nigg felt no regret and would've done it again if given the chance.<ref>{{cite web|url=https://www.nbcchicago.com/news/national-international/he-couldnt-help-it-ex-subway-pitchman-jared-fogle-beaten-by-inmate/60060/|title=Family of Inmate Who Allegedly Attacked Jared Fogle Says ‘He Would Do it Again'|date=March 17, 2016|work=nbcchicago.com|access-date=April 4, 2025}}</ref>

On November 8, 2017, Judge Pratt dismissed a motion filed by Fogle, which had been prepared for him by a fellow inmate, in which he tried to claim that the court in 2015 did not have [[jurisdiction]] to convict Fogle because he is a self-declared "[[Sovereign citizen movement|sovereign citizen]]".<ref name=Nov2017Denied>{{cite court |litigants=United States v. Jared S Fogle |reporter= |opinion=1:15-cr-00159-TWP-MJD |pinpoint= |court=[[United States District Court for the Southern District of Indiana|S.D. Ind.]] |date=2017-08-11 |url=https://ecf.insd.uscourts.gov/cgi-bin/show_public_doc?12015cr0159-111 |quote=Regardless of his theory, Fogle's challenge of this Court's jurisdiction is rejected and his Motion to Correct Clear Error Pursuant to Rule 52(b), Dkt. [110] is DENIED. |archive-url=https://web.archive.org/web/20200612201537/https://ecf.insd.uscourts.gov/cgi-bin/show_public_doc?12015cr0159-111 |url-status=live }}</ref><ref>{{cite news|first=Mike|last=Reynolds|url=https://www.courthousenews.com/disgraced-pitchman-loses-bid-toss-sex-crimes-sentence/|title=Disgraced Pitchman Loses Bid to Toss Sex-Crimes Sentence|newspaper=Court House News|publisher=[[Courthouse News Service]] |location=Pasadena, California |date=November 9, 2017 |access-date=November 14, 2017 |archive-url=https://web.archive.org/web/20171114204500/https://www.courthousenews.com/disgraced-pitchman-loses-bid-toss-sex-crimes-sentence/ |archive-date=November 14, 2017 |url-status=live}}</ref>

In November 2021, Fogle spoke out from prison for the first time, writing in a letter to the ''[[New York Post]]'' that he "royally screwed up" and that he runs {{convert|4|to|5|mi}} per day and works out regularly while behind bars, claiming to weigh {{convert|180|lb}}.<ref>{{cite news|url=https://nypost.com/2022/01/06/subway-jared-fogle-speaks-from-prison-i-royally-screwed-up/|title='Subway' Jared Fogle speaks for first time from prison: 'I royally screwed up'|last=Churcher|first=Sharon|newspaper=[[The New York Post]]|date=January 6, 2022|accessdate=April 10, 2022|archive-date=July 8, 2024|archive-url=https://web.archive.org/web/20240708203528/https://nypost.com/2022/01/06/subway-jared-fogle-speaks-from-prison-i-royally-screwed-up/|url-status=live}}</ref>

===Lawsuits===
In March 2016, the parents of one of Fogle's victims, identified only as "Jane Doe", filed a [[lawsuit]] against Fogle for [[personal injury]] and emotional distress.<ref name=foglemakes>{{cite web|url=https://www.cbsnews.com/news/ex-subway-pitchman-jared-fogle-makes-surprise-move/|title=Ex-Subway pitchman Jared Fogle makes surprise move|agency=[[Associated Press]]|website=[[CBS News]]|date=September 2, 2016|access-date=October 9, 2018|archive-url=https://web.archive.org/web/20181010134946/https://www.cbsnews.com/news/ex-subway-pitchman-jared-fogle-makes-surprise-move/|archive-date=October 10, 2018|url-status=live}}</ref> Fogle filed a [[Motion (legal)|motion]] arguing that the parents are actually [[Legal liability|liable]] for the injuries because the parents fought and abused alcohol in front of the daughter, and that their pending divorce required the victim "to constantly rotate her living arrangements caused ''[sic]'' unnecessary stress, anxiety, and trauma for Jane Doe."<ref name= foglemakes /> 

On October 24, 2016, Kathleen McLaughlin's lawyers filed suit against Subway in Indiana.<ref>{{cite web |url=https://www.scribd.com/document/328745491/Fogle-Ex-Wife-Lawsuit |title=Fogle Ex Wife Lawsuit |last=Cleary |first=Tom |website=scribd.com |date=October 24, 2016 |access-date=June 22, 2017 |archive-url=https://web.archive.org/web/20170605160819/https://www.scribd.com/document/328745491/Fogle-Ex-Wife-Lawsuit |archive-date=June 5, 2017 |url-status=live  }}</ref><ref>{{cite web|first=Tom|last=Cleary|url=http://heavy.com/news/2016/10/kathleen-katie-mclaughlin-jared-fogle-ex-wife-lawsuit-sues-subway-document-knew-sexual-abuse-child/|title=Jared Fogle's Ex-Wife Katie McLaughlin Sues Subway [DOCUMENT]|website=[[Heavy.com]]|date=October 24, 2016|access-date=June 22, 2017|archive-url=https://web.archive.org/web/20171011130822/http://heavy.com/news/2016/10/kathleen-katie-mclaughlin-jared-fogle-ex-wife-lawsuit-sues-subway-document-knew-sexual-abuse-child/|archive-date=October 11, 2017|url-status=live}}</ref> The suit alleges that Subway violated McLaughlin's privacy and property rights, and caused personal injury to McLaughlin by covering up at least three instances of Fogle's illegal behavior that were reported to senior management, including the allegation that Subway's senior vice president of marketing hushed up a 2004 incident in which Fogle propositioned an underage girl at a promotional event at a Subway franchise in Las Vegas.<ref name="daily beast" /> The lawsuit was dismissed in October 2017, with the judge writing that the court lacked jurisdiction, since their principal business operations were outside Indiana.<ref>{{cite news|url=https://www.seattletimes.com/business/judge-tosses-lawsuit-by-jared-fogles-ex-wife-against-subway/|title=Judge tosses lawsuit by Jared Fogle's ex-wife against Subway|newspaper=[[Seattle Times]]|agency=[[Associated Press]]|date=October 4, 2017|access-date=October 9, 2018|archive-url=https://web.archive.org/web/20181010060851/https://www.seattletimes.com/business/judge-tosses-lawsuit-by-jared-fogles-ex-wife-against-subway/|archive-date=October 10, 2018|url-status=live}}</ref>

===Potential for other criminal charges===
Fogle potentially faced state charges in [[New York (state)|New York]] related to Victims 13 and 14. Potential state crimes included [[statutory rape]] and/or [[sex trafficking|trafficking persons for sexual reasons]]. Fogle's federal plea deal has no standing regarding state charges, so there would have been no [[double jeopardy]] had New York opted to pursue a criminal case. However, New York defense attorney and former assistant district attorney Matthew R. Smalls stated that New York State was unlikely to bring state charges since it would have had to mount a new investigation and get testimony from victims. Smalls believed that a prosecutor in New York "would really be tone deaf" to ask Victims 13 and 14 to tell their stories again, let alone testify before another grand jury. Abby Phillip of ''[[The Washington Post]]'' stated "As a legal matter, Fogle may never be charged with [[rape]] – or legally labeled with having committed that crime."<ref>{{cite web|first=Abby|last=Phillip|url=https://www.washingtonpost.com/news/morning-mix/wp/2015/08/25/jared-fogle-admitted-to-sex-crimes-against-minors-why-wasnt-he-charged-with-rape/|title=Jared Fogle admitted to sex crimes against minors. Why wasn't he charged with rape?|newspaper=[[The Washington Post]]|publisher=Nash Holdings LLC|location=Washington, D.C.|date=August 25, 2015|access-date=October 23, 2016|archive-url=https://web.archive.org/web/20160620055925/https://www.washingtonpost.com/news/morning-mix/wp/2015/08/25/jared-fogle-admitted-to-sex-crimes-against-minors-why-wasnt-he-charged-with-rape/|archive-date=June 20, 2016|url-status=live}}</ref>