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Former Subway Spokesman Sentenced To 15.5 Years In Prison

Judge Tanya Walton-Pratt sentenced the former face of the Subway sandwich chain to 15.5 years in prison and a lifetime of parole. That's higher than the sentencing guidelines, which recommend he be sentenced to between 10 and 13 years in prison.

Fogle formally pleaded guilty to child pornography and sex crimes Thursday at the federal courthouse in downtown Indianapolis.

Federal prosecutors asked for 12.5 years, but the defense argued for the minimum of five.

While explaining the sentence from the bench, Pratt said she considered the need for the sentence to reflect the seriousness of the crimes and serve as a deterrent.

"The level of perversion and lawlessness exhibited by Mr. Fogle is extreme," Pratt said.

Assistant U.S. Attorney Steven DeBrota had asked Pratt to lock Fogle up for 12.5 years, the maximum amount of prison time he'd agreed to seek under a deal with Fogle.

Because Pratt ruled outside the plea deal defense attorneys and prosecutors had agreed to, Fogle can appeal his sentence. He has 14 days to decide whether he'll appeal.

Pratt said the longer sentence would also give Fogle more time to participate in a sex offender treatment program while in prison. She is "strongly recommending" he be sent to a federal prison in Littleton, Colo. because if its treatment facilities.

After prison, Fogle, 38, will be on lifetime supervised release, and he will have to register as a sex offender.

He will also be prohibited from working with groups that allow alone time with children, and the use of his cell phone and computers will be monitored electronically.

Fogle paid a total of $1.4 million in restitution to his victims. Pratt said that the plea agreement does not prohibit the victims from seeking more restitution.

Before the sentencing, Fogle tearfully read a six-minute long statement during the hearing, saying his life had spun out of control with alcohol, pornography and sex.

"I take full responsibility for the harm I've caused," he said. "It wasn't OK, whatsoever."

In his closing argument, DeBrota said Fogle knew who is victims were, where they were and realized what was going to happen to them.

"He can't control his demons," DeBrota said. "I hope he can some day."

Fogle's defense countered that the longer prison times sought by federal prosecutors for child sex crimes are the result of politics and hurt the rehabilitation of offenders. The defense argued that Fogle's attempts to seek medical treatment and pay restitution should warrant he only serve the federal minimum of five years behind the bars.

"As long as it took, he realized 'I'm sick. I'm going down. I'd like to get it right,'" defense attorney Jeremy Margolis said in closing arguments.

Several people wrote letters to Judge Pratt in the weeks before the sentencing, asking her not to go easy on Fogle.

The FBI raided Fogle's Zionsville home in July. He was arrested over the summer for possession of child pornography and traveling out of state to have is sex with underaged girls.

The criminal case against Fogle began when Indiana State Police received a tip about the man running Fogle's foundation, Russell Taylor. An April raid on Taylor's home uncovered he'd secretly videotaped several young boys and girls bathing and changing in Taylor's home, prosecutors say.

Authorities also found messages Taylor had sent to Fogle discussing the filming of the children and images Taylor sent to Fogle. Taylor is facing separate child pornography charges, which he pleaded guilty to, and is scheduled to be sentenced on Dec. 10.

Fogle's involvement in illicit sexual activity began in 2007, prosecutors said, before Fogle met and hired Taylor. He spoke to several women then about his attraction to young girls and his desire to have sex with them, court documents say. Some of those conversations were recorded and given to investigators.

After Fogle contracted Taylor to run The Jared Foundation, he began in March 2011 receiving nude child images Taylor was making. Fogle chose to benefit from the knowledge Taylor was making child pornography instead of stopping it, prosecutors say. Fogle further shared those images at least one, investigators said.

Fogle also had sex with at least one minor while traveling out of state for business.

In November 2012, prosecutors alledge, Fogle traveled to the Plaza Hotel in New York City, where he paid for sex with a 17-year-old girl. A few weeks later, Fogle requested the girl find other girls for Fogle to have sex with, allegedly stating "the younger, the better," and asked her to send him nude images.

Fogle is accused of returning to New York City in January 2013 to again pay for sex with the same 17-year-old girl, this time while staying at the Ritz Carlton Hotel.

Fogle first appeared in court on Aug. 19, a short hearing where he was charged and placed on house arrest. Fogle left the courthouse that afternoon to a crush of media and curious onlookers. He'd remained out of sight until today.

Fogle's apologized through his attorney after that hearing and expressed remorse. Defense attorney Jeremy Margolis said Fogle understands he's done wrong and ruined the lives of several children. Fogle volunteered to pay a total of $1.4 million in restitution to 14 identified victims that Fogle either had contact with or were taped by Taylor.

Since the July raid, Fogle was evaluated by psychiatrists and diagnosed with hypersexuality and substance abuse, his defense said. Fogle also received outpatient care for hebephilia and attended Sex Addicts Anonymous meetings in Indianapolis.

Fogle "is taking every step possible to ensure that he never engages in any such conduct in the future," Margolis wrote in his pre-sentencing memo.

Fogle has two children and was married at the time of his arrest, though his wife has since filed for divorce. Fogle "deeply hurt" and "betrayed the trust of his family," Margolis said, who added earning back that trust is a top priority of Fogle's.

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