Prosecutors Seeking Maximum Sentence For Jared Fogle

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Updated, Nov. 13:

INDIANAPOLIS - The U.S. Attorney in Indianapolis is asking a federal judge here to lock up former Subway spokesman Jared Fogle to the maximum amount of prison time possible for his alleged sexual activity with underaged girls.

Fogle's defense attorney is seeking the minimum sentence.

Steven DeBrota, a federal prosecutor for Southern Indiana, filed a sentencing memorandum Thursday asking federal judge Tanya Walton Pratt to sentence Fogle to 12.5 years in prison and then a lifetime of parole next week, along with having to register as a sex offender. That's the maximum allowable under the guilty plea Fogle agreed to in August.

Fogle's attorneys say he should only have to serve five years in prison. They made that argument Thursday in a federal court filing. They said Fogle "is profoundly sorry for what he has done."

Fogle had sex with young girls several times, often while staying in swanky New York City hotels, while traveling on business with Subway or his youth weightloss foundation, prosecutors say.

DeBrota writes in his memo:

"He committed some criminal acts on his own, while doing others with a willing and dangerous co-conspirator. Fogle’s actions greatly impacted the lives of 14 children and their families. He denied them their vital and personal right to grow up free from sexual exploitation and interference by adults. In the process, he committed serious federal crimes, which deserve a sentence within the advisory Sentencing Guideline range."

State and federal investigators raided Fogle's Zionsville home on July 7. He was charged five weeks later and placed on house arrest.

Acting on a tip from Indiana State Police, prosecutors combed through thousands of emails from Fogle and Russell Taylor, the former director of Fogle's charitable foundation, as well as 3,000 videos from both men. Taylor, who separately faces federal charges, is alleged to have secretly videotaped children and shared the videos with Fogle.

Fogle, 37, became Subway's pitchman after shedding more than 200 pounds as an Indiana University 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.

Fogle has already paid $1.4 million in total resitution to 14 victims involved. Through his attorney, Fogle appoligized for his wrongdoing and submitted to psychological treatment following the August charging. Court documents from defense attorneys say those payments demonstrate "both the genuine remorse he feels and his commitment" to help his victims "move forward" with their lives.

He is scheduled to be sentenced next Thursday morning.

One of the child-pornography victims receiving restitution is going public about her ordeal.

The girl, now 16, appeared on the syndicated Doctor Phil Show on Thursday. She described being secretly recorded at age 14 by Taylor, who ran a foundation Fogle started.

Prosecutors have said Taylor secretly filmed minors and passed some photographs and videos of minors on to Fogle. The girl said she was among three youths who drank alcoholic beverages at Taylor's house and became intoxicated.

U.S. Attorney's office spokesman Tim Horty said Thursday "it's very unusual" for federal prosecutors to confirm victims of child pornography, but said he could confirm she was among Fogle's 14 victims because the teenager chose "to make herself public."

The show identified the girl only as Annalissa, and there were no efforts to obscure her appearance during the on-camera interview.

The Associated Press contributed to this report.

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