Donkey Derp
Footballguy
The guy luck boxed his way into an eight figure net worth by being obese and eating some sandwiches to lose some weight. Sabotaged it all - what an idiot.
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Jared from Subway got what he deserved (1 Viewer)
- Thread starter flapgreen
- Start date
cstu
Footballguy
Still gonna have the money when he gets out and could move to a country without child porn laws.
BroncoFreak_2K3
sucker for Orange
wtf plea deal?
johnnycakes
Footballguy
Henry Ford
Footballguy
"Today, FBI investigators found out that the person at the center of this ring texted one of the photos identified as a nude photograph of a minor to Jarred two months ago. This stands in direct opposition to his previous statement that he had never 'viewed' child pornography. Further, Jarred appears to have deleted the text message some time between receiving it and now - despite his claim that he would fully cooperate with the investigation."
Henry Ford
Footballguy
Looks like he may never see the inside of a prison. He's pleading guilty to possession, which is the lowest level felony possible - and it looks like judges have the discretion to enter judgment as a Class A misdemeanor sometimes in Indiana for a Level 6 felony conviction. That would be messed up
Last edited by a moderator:
Willie Neslon
Footballguy
bicycle_seat_sniffer
Smells like chicken
Im betting he dont do jailtime and flips on the other dude
BroncoFreak_2K3
sucker for Orange
SIDA!
Footballguy
I am confused. Is he pleaing to simply receiving and looking at a text message photo or was there more to it with respect to images/videos on his computer?
If it is the former...that seems pretty crazy to me. If it is the latter, I am still trying to figure out why he would have any of that stuff left after his best friend got arrested months before.
If it is the former...that seems pretty crazy to me. If it is the latter, I am still trying to figure out why he would have any of that stuff left after his best friend got arrested months before.
Donkey Derp
Footballguy
Can't the victims (if identified) sue him? I would like to think his wife will take their children and half of his money, but who knows in this day.
You are probably right. Even after all of this, he will have enough left over to still be wealthy.
Hang 10
Footballguy
Why would they offer him a plea when it's pretty obvious they found evidence at his house? What's the advantage for the FBI?
Leeroy Jenkins
Footballguy
I said he was creepy from the beginning!!!
Tom Servo
Nittany Beavers
Don't ask Gary Glitter for advice.
cstu
Footballguy
Can it really be that serious if the after all this the FBI is offering him a plea - one which I assume doesn't put him away for a long time?
mr roboto
Footballguy
Exactly. Don't give statements or talk to cops.
randall146
Footballguy
As the FFA's federal criminal legal analyst I'll provide some background about child porn prosecutions and answer some of the questions raised in the last page.
First, because it's an FBI and US Attorney investigation, it is very likely to be a federal court, not a state of Indiana case.
Under federal law there are various criminal charges relating to child pornography. The four main ones are: 1) Possession; 2) Receipt; 3) Distribution; and 4) Production. Only the first, Possession, carries no mandatory minimum prison sentence. Both Receipt and Distribution carry a minimum mandatory sentence of 5 years. Production carries a mandatory minimum 15 year sentence. As in most federal sentencing "mandatory" means mandatory - the judge cannot impose a sentence below the mandatory minimum unless you provide what is called "substantial assistance" - essentially you cooperate and assist in the arrest and prosecution of someone else. Also, there is no parole in the federal system, and there is very limited (just under 15%) maximum time off for good time. So a ten year sentence, for example, means at least 8.5 years in federal prison.
It is quite common for someone to agree to plead guilty before charges are officially filed. Quite often the feds will let someone know they are the target of an investigation and give them a chance to help themselves, whether by providing information or just negotiating a plea. Usually the feds will share what evidence they have with the target to leverage a plea. Negotiating prior to the charge being filed has the advantage for the defendant of having more of an opportunity to "charge bargain", meaning that in addition to negotiating a sentence you can negotiate exactly what crimes you are pleading to. It has the advantage for the government of working out a deal early and without having to investigate further, indict the case, fight over bail/evidence/guilt.
As to charge bargaining, in this type of case it can be very advantageous for a defendant to plead early. In cases of electronic child pornography, there is essentially no difference between "possessing" the material and "receiving" the material. If a defendant possesses child pornography, he necessarily received it (unless he manufactured it himself). Yet possession carries no mandatory prison sentence while receipt carries the mandatory five years. So the prosecutor has plenty of leverage if they are willing to agree to a possession charge, because they can just as easily charge and prove receipt.
I certainly don't see this as bad lawyering or that Jared necessarily has more serious charges to hide. It could be that, in fact, he did only receive that one single picture, and is getting the "deal" of the possession charge (and therefore the possibility of less than five years, or even no jail) in exchange for cooperating against the guy who sent it. We'll have to see what the plea agreement says, but there may or may not also be an agreement to a specific sentence, or at least an agreement to recommend a specific sentence to the judge. If there is no specific agreement, his recommended sentencing guideline is almost guaranteed to be at least in the 5-7 year range, and could easily be higher. Federal sentencing guidelines are not mandatory, and different judges give them different levels of deference (some invariably follow them, some ignore them). In child porno cases specifically, most federal judges tend to give the guidelines less weight, as they are pretty universally considered to be way too high.
In addition to whatever prison time he may get, as part of the sentence he will be on federal supervised release (essentially closely supervised probation) for up to life. He will have to get sex offender treatment. He will likely have restrictions on contacting, living with, working near, or other contact with people under 18. He will likely have restrictions on computer use. He will have to register as a sex offender.
He will also be ordered to pay restitution for damages to the victim. This is a very complicated area of criminal law and has changed alot over the last year or so, so it's tough to say what that amount will be. Depending on the victim's damages and the judge's interpretation of the law the restitution order could range from thousands to millions.
First, because it's an FBI and US Attorney investigation, it is very likely to be a federal court, not a state of Indiana case.
Under federal law there are various criminal charges relating to child pornography. The four main ones are: 1) Possession; 2) Receipt; 3) Distribution; and 4) Production. Only the first, Possession, carries no mandatory minimum prison sentence. Both Receipt and Distribution carry a minimum mandatory sentence of 5 years. Production carries a mandatory minimum 15 year sentence. As in most federal sentencing "mandatory" means mandatory - the judge cannot impose a sentence below the mandatory minimum unless you provide what is called "substantial assistance" - essentially you cooperate and assist in the arrest and prosecution of someone else. Also, there is no parole in the federal system, and there is very limited (just under 15%) maximum time off for good time. So a ten year sentence, for example, means at least 8.5 years in federal prison.
It is quite common for someone to agree to plead guilty before charges are officially filed. Quite often the feds will let someone know they are the target of an investigation and give them a chance to help themselves, whether by providing information or just negotiating a plea. Usually the feds will share what evidence they have with the target to leverage a plea. Negotiating prior to the charge being filed has the advantage for the defendant of having more of an opportunity to "charge bargain", meaning that in addition to negotiating a sentence you can negotiate exactly what crimes you are pleading to. It has the advantage for the government of working out a deal early and without having to investigate further, indict the case, fight over bail/evidence/guilt.
As to charge bargaining, in this type of case it can be very advantageous for a defendant to plead early. In cases of electronic child pornography, there is essentially no difference between "possessing" the material and "receiving" the material. If a defendant possesses child pornography, he necessarily received it (unless he manufactured it himself). Yet possession carries no mandatory prison sentence while receipt carries the mandatory five years. So the prosecutor has plenty of leverage if they are willing to agree to a possession charge, because they can just as easily charge and prove receipt.
I certainly don't see this as bad lawyering or that Jared necessarily has more serious charges to hide. It could be that, in fact, he did only receive that one single picture, and is getting the "deal" of the possession charge (and therefore the possibility of less than five years, or even no jail) in exchange for cooperating against the guy who sent it. We'll have to see what the plea agreement says, but there may or may not also be an agreement to a specific sentence, or at least an agreement to recommend a specific sentence to the judge. If there is no specific agreement, his recommended sentencing guideline is almost guaranteed to be at least in the 5-7 year range, and could easily be higher. Federal sentencing guidelines are not mandatory, and different judges give them different levels of deference (some invariably follow them, some ignore them). In child porno cases specifically, most federal judges tend to give the guidelines less weight, as they are pretty universally considered to be way too high.
In addition to whatever prison time he may get, as part of the sentence he will be on federal supervised release (essentially closely supervised probation) for up to life. He will have to get sex offender treatment. He will likely have restrictions on contacting, living with, working near, or other contact with people under 18. He will likely have restrictions on computer use. He will have to register as a sex offender.
He will also be ordered to pay restitution for damages to the victim. This is a very complicated area of criminal law and has changed alot over the last year or so, so it's tough to say what that amount will be. Depending on the victim's damages and the judge's interpretation of the law the restitution order could range from thousands to millions.
Mr. Retukes
Footballguy
Ah, the Roger Goodell Maneuver. Nice.Henry Ford said:
Capella
Footballguy
I don't know the law or the area of expertise like Randall certainly does, but I would imagine there is more to it than that. He must have responded in some way or did something I would think.Because someone texted him a pic? Seems like he got a raw deal.BroncoFreak_2K3 said:effinHenry Ford said:
The Z Machine
Footballguy
So if an acquaintance of mine texts me a child pornographic pic without my solicitation, and I immediately delete the text and respond, "Don't ever send me something like that again," I can still be charged with possession OR reception of child pornographic materials?
Similarly, if I receive a package in the mail with physical photographs and throw them away immediately, and the police raid my trash, can the same logic be applied?
Similarly, if I receive a package in the mail with physical photographs and throw them away immediately, and the police raid my trash, can the same logic be applied?
randall146
Footballguy
Could be more than one pic, or could be that he got celebrity treatment - meaning they charged him where they might have let a regular guy slideI don't know the law or the area of expertise like Randall certainly does, but I would imagine there is more to it than that. He must have responded in some way or did something I would think.Because someone texted him a pic? Seems like he got a raw deal.BroncoFreak_2K3 said:effinHenry Ford said:
randall146
Footballguy
In the first case I'm you're fine. The second case is a little iffier just because you'd have to convince the cops you had just received the package and immediately threw the stuff away.
I don't feel like researching right now, but there is a defense in federal law which I think requires possessing 3 or fewer pics, immediately deleting them, and alerting the authorities. Not sure on the exact specifics though.
Officer Pete Malloy
Footballguy
How did Jared lose 40lbs?
He broke up with his girlfriend.
He broke up with his girlfriend.
SIDA!
Footballguy
Great questions and exactly what I was going to ask.
Doesn't make sense to me if that is the case.
SIDA!
Footballguy
I would appreciate hearing more about this when you get a chance to dig stuff up.
Quite scary stuff and I am one of those hardcore one-strike and you are out guys with respect to sex offenders/predators.
SIDA!
Footballguy
For the most part, I agree.
But there are some idiots out there and people who don't pick up on social cues who might think that a person might be receptive to something. Similar to how a guy might think a girl is into him or a gay dude might think another guy is gay and hit on him.
Granted...we are talking a microscopic sliver of the population. But it is effing heart-stopping scary to think that someone can receive something unsolicited and still be potentially charged. I have been on some various porn sites and I am talking the major ones (e.g. xvideos, tube8, etc) and come across some videos where I get sketched out because I am not sure if the "teens" that are usually fake teens....were actually underage teens.
I was like...porn session over...hard delete...avoided porn surfing for a week or so....lol
flapgreen
Footballguy
My dream has been realized. Weirdo!Now i know you're talkin crazy.That is an excellent commercial.flapgreen said:those suck too but jared holds a bad place in my heart that is tough to get out. he's been on for years now and i wish he would just be wiped from existence or at least TV
randall146
Footballguy
Looked it up. It is a defense to a possession charge that you possessed less that 3 pics or videos, and that you either 1) promptly and good faith destroyed the items without letting anyone other that cops see them; OR 2) promptly let the cops know and give them access to it.
flapgreen
Footballguy
How about now?
flapgreen
Footballguy
And then he went to prison.
Tom Servo
Nittany Beavers
NOT ABSOLVING GUILTY BEHAVIOR; however, one of the things about autism is that people that have it don't pick up on social cues. They're oblivious to things like standing too close to other people, not reading other people's real meaning, etc.
mquinnjr
Footballguy
BroncoFreak_2K3
sucker for Orange
Capella
Footballguy
RUSF18
Footballguy
bicycle_seat_sniffer
Smells like chicken
Well hes going to jail for sure
Fennis
Footballguy
http://www.tmz.com/2015/08/19/jared-fogle-underage-sex-child-pornography-charges-plea-prison/#ixzz3jGkbslQi
Sorry for TMZ.
Apparently he had paid to have sex with under aged kids multiple times.
Sorry for TMZ.
Apparently he had paid to have sex with under aged kids multiple times.
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