The FBI has subpoenaed an affidavit containing alleged texts between former Subway spokesman Jared Fogle and a former female Subway franchisee in which Fogle says he paid for sex with a 16-year-old girl, according to the former franchisee’s attorney.
The former franchisee shared the texts and her concerns about Fogle with Subway management at the time, her lawyer says, but Subway did nothing. Subway says it has no record of the woman’s complaint.
The woman’s lawyer, who asked to remain anonymous, said the FBI recently subpoenaed his law office for the text-message conversations, which Business Insider has viewed.
In the messages, Fogle repeatedly asks the woman — a Subway franchisee at the time — to advertise herself on Craigslist for sex with other men.
He asks her if he can watch the sexual acts and tells her she can make about $500 per act.
The messages in the affidavit, which the attorney says were recorded from the woman’s phone by a court reporter in 2008 and witnessed and verified by a notary-public official, span from January 2008 to June 2008. Business Insider independently verified the authenticity of the affidavit. We also verified that a phone number in the document was registered to a Jared Fogle.
The woman was apparently in a sexual relationship with Fogle at the time. She became uncomfortable with the relationship as Fogle pushed her to post listings on Craigslist and detailed other trysts, according to her lawyer.
Wendy Osborne, spokeswoman for FBI’s Southern Indiana branch, would not confirm or deny that the FBI has subpoenaed the messages.
Subway suspended its relationship with Fogle, a spokesman for the brand for the last 15 years, on July 7 after federal and state authorities raided his Indiana home. It has scrubbed every mention of Fogle from its website and stores.
The raid came months after an employee of Fogle’s charitable foundation was arrested on child-pornography charges, and Subway said at the time it believed the raid on Fogle’s home was in relation to that case.
Several weeks later, Fogle still hasn’t been charged. In fact, the US attorney’s office — which is now handling the case — won’t even say if an investigation is or isn’t underway.
According to the affidavit obtained by Business Insider, Fogle asked the former Subway franchisee in May 2008 to set up a meeting for him with her cousin. The cousin was underage at the time, according to the woman’s lawyer.
“When can we find a time for me to talk to your cousin?” Fogle asks in a message dated May 1, 2008.
“Any more news with your cousin?” he asks the following day. “Tell me what u think about when u think of the three of us all together???”
Earlier, in April, according to the affidavit, Fogle asked the woman, “How young would you like?… Would you want to have an adventure like that?”
On June 19, the lawyer says that Fogle again asked the woman to advertise herself on Craigslist. She responds: “Is this the same website you found that 16 year old girl you that you f*****? …I still can’t believe you only paid $100 for her.”
Fogle responds: “It was amazing!!!!”
She asks: “What part of her ad made you think she was selling sex?”
He says: “U will have to read them to see.”
The age of consent in Indiana, where Fogle resides, is 16 years old.
Read more: businessinsider.com