Jared from Subway

[franticscribe]

That former federal prosecutor I referred to in the Supreme Court same sex marriage thread is on the defense side as a quasi-retiree now. The bulk of his practice involves child porn cases. He says the pay's good, but it can be a beating, because you're not going to win. A really good day is when you've shaved a few months here or there off the sentence.

I've heard the same from people I know who do that kind of work. One of my friends has it as about a third of his practice. He could take on more, but the personal toll is too steep. The incredible thing to me is the high volume of child pornography cases in federal courts. Pick just about any federal district in the country and you will find a significant portion of the docket is child pornography.

 

[Vombatus]

frantic,

What are typical sentences for the child pornography aspect of this? I suspect Jared is getting more time (or plead down) due to the trips to NY for underage sex. Anyway, just wondering what are typical sentences for these kinds of things.

And NO, not because I have done any of it. I do have some morals.

Thanks,
VB

 

[LongTimeListener]

Jared likely won't enjoy prison.

But, I'm not going to root for him to be raped, even if he might deserve to be treated harshly for what he did. It makes me less of a person to want to see someone treated inhumanly just so I can be satisfied that retribution has been delivered.

I say this in all seriousness, and not because I am rooting for it to happen, but in situations like these I usually wonder why the offender doesn't off himself. If I found myself in a situation like this, looking at a long stretch of hard time and nothing (including my family) waiting for me when I got out, I'm sure I'd look hard at that option.

 

[franticscribe]

There are a lot of variables that go into federal sentencing. Mere possession has no mandatory minimum and a max of 10 years. But receipt, distribution or production carries a minimum of 5 and a max of 20. But there are other factors that can ramp it up quickly - prior record, was a computer used, was the child younger than 12, was it sent to a minor to entice them into sexual activity, and on, and on. And the defendant can be charged on separate indictments for each individual picture/video they possess. Most of these guys who get busted are "collectors" so you'll see crazy indictments with 50+ charges on them. All that is to say it is a little difficult to give you a typical range.

When I covered federal courts as a reporter - and so was seeing the indictments and convictions a lot more than I do now as a practicing attorney - I'd see ranges from 5 years on the low end to 30+ depending on the facts, quantity and defendant.

 

[Lugnuts]

How horrific for the victims.

How horrific for his own children.

I honestly don't think I'll be able to eat at Subway ever again. I know it's not their fault, but the thought of it makes me want to vomit.

I wonder if Subway will go under.

 

[swingline]

I would imagine Jared is singing whatever tune the prosecutors want to hear -- names, dates, places, accomplices, where the children are -- to try to get a reduced sentence. If that's even possible.

Obviously child sexual exploitation happens, but I have a hard time wrapping my head around the logistics of it. Are there really child sexual slave rings where the children are the ones you used to see on milk crates? Where would you hold them? How would you keep them hidden? Are some of these children the kids of molesters who pimp them out?

It makes my head and heart hurt to think about this too much.

 

[Dick Whitman]

I wonder if Subway will go under.

No.

 

[Dick Whitman]

I would imagine Jared is singing whatever tune the prosecutors want to hear -- names, dates, places, accomplices, where the children are -- to try to get a reduced sentence. If that's even possible.

Obviously child sexual exploitation happens, but I have a hard time wrapping my head around the logistics of it. Are there really child sexual slave rings where the children are the ones you used to see on milk crates? Where would you hold them? How would you keep them hidden? Are some of these children the kids of molesters who pimp them out?

It makes my head and heart hurt to think about this too much.

I think most of them are from Southeast Asia, and that's where the photos are taken, as well.

 

[Chef2]

With all of the meat he'll be slobbering on in prison, he'll go back to being a fat fork in no time flat.

 

[PCLoadLetter]

I say this in all seriousness, and not because I am rooting for it to happen, but in situations like these I usually wonder why the offender doesn't off himself. If I found myself in a situation like this, looking at a long stretch of hard time and nothing (including my family) waiting for me when I got out, I'm sure I'd look hard at that option.

And on top of that, this is a guy who is instantly recognizable wherever he goes. The other pariahs are at least sort of anonymous once they get out.

So, yeah, I suspect Jared is on suicide watch for a while.

 

[franticscribe]

So the IndyStar has put up the court documents (indictment and plea agreement), which answer a lot of questions and lead to some reasonable inferences.

Jared Fogle court documents, statements: What we know

It's a two count indictment. The first count is for photos of 12 early-teens girls - all identified - taken surreptitiously by his buddy who ran his foundation. It's clear that even though Jared's the big name here, that guy is the target. That guy was sending the pictures to Jared, who clearly knew what was going on. That guy also sent some nasty stuff made overseas, and that's where the really young kids come into it. He faces a minimum of 5 years and a max of 20 on that count, as well as supervision for life.

Second count is for his traveling interstate to have sex with minor prostitutes and trying to procure other, younger minors. He also had one of the girls send him pictures of herself. He faces a minimum of 5 years and a max of 30 years on that count.

Reading the factual basis, it is clear they could have indicted him on many more charges than they did. I'm sure the charges were part of the negotiation to induce the guilty plea. The government has agreed not to ask for more than 12.5 years, but the judge isn't bound by that.

My guess - without knowing the judge, so it's a big guess - is that his sentence will be close to what the government is asking. I feel like I need to take a shower after reading that indictment. Gross.

 

[LongTimeListener]

I would imagine Jared is singing whatever tune the prosecutors want to hear -- names, dates, places, accomplices, where the children are -- to try to get a reduced sentence. If that's even possible.

Obviously child sexual exploitation happens, but I have a hard time wrapping my head around the logistics of it. Are there really child sexual slave rings where the children are the ones you used to see on milk crates? Where would you hold them? How would you keep them hidden? Are some of these children the kids of molesters who pimp them out?

It makes my head and heart hurt to think about this too much.

This is frighteningly common. If there's a sliver of good that comes from it, it's that it will raise awareness. I don't think a lot of people understand how prevalent it is in America.

Here is one case from Florida this year -- 100 people arrested in two counties. 101 arrested in child sex, prostitution sting in Lake, Polk counties

They have had big arrests in California too. A lot of promises that girls (and boys) can get to the U.S., and then their handlers seize them and never let them go.