LEBANON, Ind. (AP) – An Indiana judge is set to hear arguments in a lawsuit filed by former Subway pitchman Jared Fogle’s ex-wife alleging that the company knew of Fogle’s sexual interest in children but continued promoting him as its spokesman.
Kathleen McLaughlin and Fogle divorced in 2015 after the Indiana man pleaded guilty to trading in child pornography and paying for sex with underage girls. He’s serving a 15-year sentence.
Attorneys for both sides will be in court Tuesday for a hearing on Subway’s request that McLaughlin’s lawsuit be dismissed.
McLaughlin alleges Subway received at least three reports indicating Fogle was sexually interested in children but failed to take proper action and continued promoting him as its spokesman.
The 40-year-old Fogle became Subway’s spokesman after losing 200 pounds, partly by eating Subway sandwiches.
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INDIANAPOLIS (WISH) – Katie McLaughlin, ex-wife of former Subway spokesman Jared Fogle, held a press conference on Monday at 2 p.m. to discuss the civil case she filed against Subway.
During her remarks McLaughlin talked about Fogle’s victims.
“First let me say, to the victims of my ex-husband, you are never far from my thoughts and prayers. I can only imagine what you have been going through. A mother’s most basic instinct is to protect her children and this is one of the most horrific of crimes. I know the healing process is lifelong.”
“Finding out that your husband and the father of your children is a child predator, and knowing that his job involved him visiting schools on a regular basis is devastating.”
McLaughlin then went on to discuss her reasoning for her lawsuit against the fast food chain.
“I filed this lawsuit because I have questions. Questions that someday my children will ask me and that I imagine the families of the 14 victims are asking. Questions to which I have no other way to get answers. Questions like what did Subway know and when did they know it? What investigations, if any, did they conduct? Did they ever notify the authorities?”
“I also filed this lawsuit because I am seeking damages from Subway. As the complaint alleges, there have been news reports that Subway received at least one complaint that Jared had sexual interest in children. Subway even took the step of marketing him as a family man and used my children’s and my likenesses in that campaign. I did not give them the consent to do this.”
According to court documents, Katie McLaughlin said Subway knew of Fogle’s actions and failed to act as a responsible corporation should.
She alleges that on at least three occasions, Subway received reports about Fogle’s sexual interest and activity with children. Court documents state that with two of those reports, Subway sent a public relations employee to ask Fogle about the allegations. For the third report, Subway said the complaint was “not properly escalated or acted upon.”
Court documents state Subway did not report any of the allegations to law enforcement.
In 2004, court documents said the Senior Vice President of Marketing at that time received a complaint that Fogle approached a young girl at an event in Las Vegas for a sex act. Subway then sent its Senior Public Relations Manager, at that time, to ask Fogle and the franchise owner about the complaint, rather than the victim. Subway did nothing else to fully investigate the allegations.
In 2004, Subway launched the national marketing campaign, “Jared’s School Tour.” It was a childhood obesity prevention initiative which required him to visit elementary schools all over the United States, including Indiana.
In 2008, Subway kicked off “Tour de Pants” campaign, sending Fogle to elementary schools around the country.
In 2008, court documents state a former Florida Subway franchisee, Cindy Mills, notified Jeff Moody, then CEO, that Fogle made disturbing comments about children. The comments she claims Fogle said include:
- He really liked them young
- Fogle had sex with minors from age nine to 16
- Fogle suggested Mills prostitute herself
Court documents state that Moody interrupted Mills and said, “Please don’t tell me any more. Don’t worry, he has met someone. She is a teacher and he seems to love her very much, and we think she will keep him grounded.”
Mills mentioned he had dealt with similar complaints in the past.
This was the second time Subway failed to investigate and report this type of complaint, court documents state.
Subway released a statement on Monday regarding the investigation.
“As this is pending legal action, we cannot provide comment,” Subway said.
In 2008, Mills also reported Fogle’s comments to at least two more Subway executives at a NASCAR event. According to court documents, Mills said she was scared she would see Fogle in person at the race. Executives assured her Fogle wouldn’t be at the race.
In 2009, McLaughlin and Fogle got engaged, and in 2010 they got married.
In 2011, Florida journalist, Rochelle Herman-Walrond, made a complaint on Subway’s website that she was concerned to have Fogle around children. Herman-Walrond publicly announced Fogle made comments to her about his desire to perform sexual acts with children. Court documents state Fogle asked Herman-Walrond’s help in getting him access to children. Herman-Walrond worked with the FBI to record conversations she had with Fogle.
In January 2015, Subway and Fogle signed a two year contract extension, which included “Jared’s Journey” campaign portraying Fogle as a family man began airing.
On July 7, 2015, FBI raided Fogle’s home and Subway suspended relationship with Fogle. This was the last day that the commercial aired for “Jared’s Journey.” Almost a month later Subway ended its relationship with Fogle. The next day, Aug. 19, Fogle was charged with possessing and distributing child pornography and commercial sex acts with a minor; Fogle pleaded guilty. He was sentenced to 15 years in prison.
On Nov. 19, McLaughlin and Fogle’s divorce was finalized.
McLaughlin is suing Subway on five charges, which include:
- Invasion of privacy
- Despite its knowledge of Fogle’s sexual interest in children, in 2015 they ran a national commercial promoting Fogle as a family man with then-wife McLaughlin and their two children.
- The commercial ran nationally from March 2015 until July 7, 2015.
- Subway created and/or authorized the commercial.
- Subway’s unauthorized use of McLaughlin and their two children’s likenesses was willful and intentional because Subway knew it did not have their consent and knew of Fogle’s alleged criminal behavior.
- Intentional infliction of emotional distress
- Subway knew its market share, profitability and growth would be diminished if Fogle’s reputation was tarnished.
- Subway’s ambition for sales and growth came at the expense of McLaughlin and the two children.
- In 2008, Fogle began dating McLaughlin, and Subway knew and saw this as a positive development for Fogle and Subway, despite his (then) alleged criminal exploitation of children.
- Subway’s conduct intentionally or recklessly caused severe emotional distress to McLaughlin and their children.
- McLaughlin and the two children have suffered severe emotional distress.
- Subway was notified on multiple occasions of Fogle’s sexual interest in children and alleged criminal activity.
- Subway relied on Fogle for the company’s financial success.
- Subway was notified of Fogle’s behavior prior to McLaughlin marrying Fogle.
- One Subway executive responded to one of the complains that Fogle’s relationship with McLaughlin would lessen the likelihood that he continued his actions.
- Subway ignored and failed to report allegations about Fogle’s sexual interest in children and alleged criminal activity.
- Subway’s failure to warn McLaughlin or failure to report Fogle to law enforcement, McLaughlin would have never married Fogle.
- Negligence per se
- Subway owed a duty to McLaughlin, as well as Fogle’s and her children.
- Subway should have reported actual or potential child abuse to the Department of Child Services or law enforcement.
- Violation of Indiana code 31-33-5-1 is negligence of a matter of law.
- Subway failed to report.
- Had Subway reported, McLaughlin would have never married Fogle.
- Had Subway reported, McLaughlin and their two children would have never been exploited by Subway as part of the “family man” campaign.
- Right of Publicity
- McLaughlin has a personal property interest in her likeliness and therefore, a right of publicity.
- The two children have a person property interest in their likeliness and therefore, a right of publicity.
- Subway utilized the Plaintiffs’ rights of publicity without written consent.
- Subway created or authorized the commercial.
- Plaintiffs have sustained damages as a result of Subway’s unlawful actions.
INDIANAPOLIS (WISH) — A judge is set to hear Jared Fogle’s appeal for a shorter prison sentence Friday. The former Subway pitchman is asking a federal appeals judge to throw out his 15 year sentence, and order re-sentencing.
Last fall Fogle pleaded guilty to child pornography charges.
The appeal hearing is set for 9:30 a.m. in Chicago. A federal judge in Indianapolis sentenced Fogle to 15 years in a Colorado prison, but Fogle’s attorneys argue the sentence was too long. Under Fogle’s plea deal, prosecutors recommended up to 12.5 years in prison, but a judge decided he deserved more time than that.
Fogle pleaded guilty to paying for sex with minors and watching child pornography.
In court documents, Fogle’s attorneys said the judge got the sentence wrong, because she relied heavily on fantasies rather than what he actually did. Fogle also argues he should receive a lesser sentence because after getting treatment and medication, he’s won’t commit these crimes again.
In response to Fogle’s appeal, prosecutors argue Fogle’s sentencing was not based solely on “fantasies” because Fogle paid to have sex with prostituted minors, and repeatedly asked sex workers to find him minors. The court documents reveal text conversations, in which Fogle asks sex workers to find him “young boys or young girls.”
INDIANAPOLIS (WISH) — Federal prosecutors are rejecting claims by former Subway pitchman Jared Fogle that his 15-year prison sentence was improper.
In a brief filed Tuesday with the Seventh Circuit Court of Appeals, federal prosecutors said Fogle’s attempts to appeal his prison sentence should be rejected.
Fogle, who was sentenced in November 2015 to more than 15 years in prison on child pornography charges, claimed a federal judge erred in his sentencing by relying too heavily on “fantasies” rather that what he actually did, and leaning on accusations that he received images of a six-year old that borrowed heavily from a separate case involving Fogle’s friend and former colleague Russell Taylor.
Taylor, the former head of the Jared Foundation, was convicted of producing and distributing images of children and sharing them with Fogle over a period of years. Prosecutors argued Fogle failed to report Taylor and subsequently benefited from the conspiracy be interacting in social settings with children with whom Taylor had secretly videotaped.
In making their argument, prosecutors wrote:
“Fogle contends that the district court made three sorts of “factual” errors:
- The court was unduly influenced by Russell Taylor’s conduct, which Fogle says the court unfairly applied to him;
- The court based its sentence on “fantasies,” i.e., what Fogle thought rather than what he did
- The court erroneously concluded that Fogle received pornography involving a six-year-old victim.
Although Fogle called these factual errors, his primary complaint is the judge considered facts he believes were out-of-bounds. Contrary to Fogle’s argument, the facts the judge considered were the facts the judge considered were accurate and appropriate, and the judge’s explanation of its sentence was more than adequate,” the brief read.
The brief also said, “The district court’s sentencing decision was procedurally proper.”
“To the extent Fogle is calling this category of conduct “fantasies,” he inadequately appreciates the nature of what he did and what the district court said. That Fogle “never acted upon” this second category of activities does not make them “fantasies,” the brief said.
“In the end, Fogle cannot escape the judge’s decision, which she explained in great detail, that his conduct warranted a sentence above and beyond what the guidelines contemplated. The judge exercised her discretion well; she did not abuse it. The Court should reject his challenge,” the 42-page filing states.
Fogle’s stunning fall from being a household name to becoming the ire of the American public underscores what prosecutors said was occurring – Fogle was leading a double life.
Publicly, Fogle was the face of Subway’s brand, encouraging millions of Americans to eat well and get healthy, after he lost weight eating Subway sandwiches. Prosecutors argue that fame, fortune and notoriety allowed Fogle to live another private life – one filled with illicit behavior, spending nearly $12,000 a year on prostitutes and on several occasions, prosecutors say, offering to pay them a “finder’s fee” if they could supply him with underage girls or boys to engage in sexual acts.
“The younger, the better,” Fogle reportedly told one of the prostitutes, according to a copy of text messages read aloud during Fogle’s sentencing hearing.
(Fogle) could’ve stopped it. He could’ve prevented it. Instead, he chose to benefit from it. He paid an appropriate price for that today,” U.S. Attorney Josh Minkler told I-Team 8’s Bennett Haeberle during a November 2015 interview after Fogle was sentenced.
Fogle was placed at a federal prison in Littleton, Colorado.
ENGLEWOOD, Col. (WISH) – The former Subway pitchman, Jared Fogle, got a surprise beat down as he is serving time in a Colorado prison for child porn, according to a report.
TMZ reports documents show that Fogle was jumped in the prison yard at the Englewood prison. Documents show that the incident happened on Jan. 29.
- FULL COVERAGE – Jared Fogle
An inmate, identified as Steve Nigg, pushed Fogle down and began punching him in the face. Fogle got away from the fight with a bloody nose, swollen face and scratches on his neck. Nigg, 60, was injured, with a small cut on his hand for delivering the blow, according to the report.
According to an earlier report, Fogle has gained 30 pounds in just three months behind bars.
Fogle was sentenced to almost 16 years in prison. He pleaded guilty to one count each of distributing and receiving child porn and traveling to engage in illicit sexual conduct with a child.
INDIANAPOLIS (WISH) — Jared Fogle’s appeal process will be delayed as his attorney battles prostate cancer, according to court documents filed Wednesday.
Fogle received a prison sentence of more than 15 years for possessing child pornography and having sex with underage prostitutes.
Ronald E. Elberger stated in court documents he was diagnosed with cancer in Jan. 2015 and fell ill in December.
- Complete coverage | Jared Fogle investigation
His condition limited his ability to work on Fogle’s case until Jan. 11.
Elberger brought in Bradley Dick, an associate at the firm, to assist in case of further delays, the attorney wrote in court documents.
Elberger received a 25-day extension to file paperwork for Fogle’s appeal.
The paperwork is now due Feb. 19.
LITTLETON, Colo. (WISH) – Former Subway pitchman Jared Fogle has been transferred to a facility in Colorado, online jail records show.
Just this week, Fogle was moved from the Henderson County Detention Center in Kentucky into the Oklahoma City FTC.
According to the Federal Buerau of Prisons, Fogle was moved from there to FCI Englewood in Littleton, Colorado. It’s a low security federal prison with an adjacent minimum security satellite camp and detention center. Nine-hundred-sixty-six total inmates are housed there currently.
- Complete coverage | Jared Fogle investigation
A federal judge sentenced Fogle to more than 15 years in prison in November after he pleaded guilty to one count each of traveling to engage in illicit sexual conduct with a minor and distribution and receipt of child pornography.
The Littleton facility is the one Fogle wanted to go to in order to continue getting help with a particular doctor. The judge recommended he be placed there in her sentencing.
Fogle filed a notice of appeal in the case this week.
His release date is scheduled for July 11, 2029.
INDIANAPOLIS (WISH/AP) – Former Subway pitchman Jared Fogle has been transferred out of a detention center in Kentucky and into a facility in Oklahoma City.
After his sentencing last month, Fogle was transported to the Henderson County Detention Center in Kentucky to await his transfer to a federal prison.
According to the Federal Buerau of Prisons, Fogle has since been relocated to the Oklahoma City FTC where his release date is scheduled for July 11, 2029.
- Complete coverage | Jared Fogle investigation
Fogle filed a notice of appeal in the child pornography and sex crime case that sent him to prison for more than 15 years.
Fogle attorney Ron Elberger filed the notice Monday in U.S. District Court in Indianapolis on Fogle’s behalf. A brief detailing Fogle’s arguments in his appeal is due Jan. 25.
Assistant U.S. Attorney Steven DeBrota said Tuesday that prosecutors cannot comment yet “because we won’t know his grounds for appeal until his brief is filed.”
The Seventh Circuit Court of Appeals in Chicago will hear Fogle’s appeal.
A federal judge sentenced Fogle on Nov. 19 after he pleaded guilty to one count each of traveling to engage in illicit sexual conduct with a minor and distribution and receipt of child pornography.
INDIANAPOLIS (WISH) – The man accused of providing child pornography to former Subway spokesman Jared Fogle is seeking a prison term of 15 to 22 years and 10 months.
Prosecutors in the case against Russell Taylor have asked for a 35-year sentence.
Russell Taylor is set to be sentenced on Dec. 10. He was charged for receiving and distributing child pornography, as well as child exploitation.
Taylor was arrested in April following a raid on his home.
Shortly after being arrested, Taylor attempted to commit suicide in jail.
INDIANAPOLIS (WISH) – After former Subway spokesperson Jared Fogle received a sentence of more than 15 years, a number of Hoosiers outside the courthouse reacted to 24-Hour News 8.
It’s a decade more than the defense asked for and three years more than prosecutors wanted.
“I think justice was served,” Kristen Thompson said.
But to some Hoosiers, it wasn’t enough.
“I have four children, ages 14 to 8, and I think it’s very unfair,” Tonya Horvath said. “And he’s considered a spokesman for weight loss. A lot of people look up to him and I think it’s horrible. I don’t think it’s enough.”
It wasn’t just his sentence we learned Thursday, but also new details. This comes after authorities remained quiet after the raid of Fogle’s home in July.
Prosecutors say there are 400 child porn videos related to this case. They also read aloud text messages he sent to a minor prostitute.
In the conversations, Fogle talked about a $400 finder’s fee, and offered to pay minors $300, saying the younger, the better.
“I think he’s disgusting. I’m a mother and I can’t imagine his wife actually, and what she has to live with and what his children have to grow up knowing what their father is and what he’s done,” Thompson said.
In all, prosecutors say there are 14 victims.
Fogle paid each victim $100,000 – money that can go toward helping them with their lives.