- Associated Press - Thursday, August 27, 2015

NEW YORK — A former franchisee alerted a Subway advertising executive in 2008 to her concerns about pitchman Jared Fogle and his proclivity for sex with minors and prostitution, according to her lawyer.

Cindy Mills exchanged phone numbers with Mr. Fogle after they met at an event, said Robert Beasley, a lawyer in Florida who represents Ms. Mills.

After Mr. Fogle began talking about paying for sex with minors, the lawyer said Ms. Mills alerted a regional Subway contact in Florida where her stores were based.

Later, he said Ms. Mills alerted Jeff Moody, who was in charge of the Subway Franchisee Advertising Fund Trust, which handles the company’s marketing.

Subway did not respond to a request for comment late Thursday.

The company has said it does not have a record of the complaints about Fogle by the former franchisee, which were previously reported by Business Insider.

The publication initially kept Mills’ identity anonymous at her request, but identified her Thursday. It also identified Mr. Moody as the Subway executive she alerted.

Mr. Beasley said his client became comfortable about coming forward after Mr. Fogle agreed Aug. 19 to plead guilty to charges that he paid for sex with girls as young as 16 and received child pornography.

Mr. Mills was not immediately available for comment Thursday evening. But according to Mr. Beasley:

• FMr. ogle told her about paying for sex with minors on a trip to Thailand, and paying for sex with a 16-year-old he found on Craigslist.

• She offered to show Mr. Moody the texts from Mr. Fogle, but the Subway official stopped her and said he didn’t want to hear any more.

• Mr. Moody said he had dealt with similar comments about his star spokesman, and reassured Ms. Mills that Mr. Fogle had met a teacher who would get him on the right track.

“To me, it was confirmation that they knew about it,” Mr. Beasley said.

Mr. Beasley said Ms. Mills explored the idea of suing Subway, but that there is a “good bit of legal separation between Jared and Subway.” Mr. Beasley said the company is structured in a way that insulates it from Mr. Fogle.

Phone numbers listed for Jeff Moody and Theresa Moody, who is listed as a property co-owner, were not answered Thursday.

When reached by The Associated Press earlier this week, a woman who identified herself as Theresa Moody said Jeff Moody did not want to speak about the Fogle case.

Mr. Moody is currently CEO of Rita’s Italian Ice, according to LinkedIn. Between 2007 and 2011, the site says he was CEO of Subway’s franchise advertising fund, which is described as a company that handles marketing for the global Subway brand.

The agreement with Mr. Fogle released by prosecutors last week said Mr. Fogle will pay $1.4 million in restitution to 14 minor victims, who will each get $100,000. The document noted that the payments would not prevent any victims from pursuing civil litigation.

The government agreed not to seek a sentence of more than 12 1/2 years in prison, and Mr. Fogle agreed not to ask for less than five years.

The same day authorities announced the deal with Mr. Fogle, Subway said it had ended its relationship with its pitchman of 15 years. The company has also said it’s investigating a second claim, made by a former journalist, that it was alerted to concerns about Mr. Fogle.

When prosecutors charged Mr. Fogle on Aug. 19, Assistant U.S. Attorney Steven DeBrota said that there were no charges or accusations at that time that anybody at Subway knew what Mr. Fogle was doing.

Fogle attorney Ron Elberger declined to comment Thursday.

Tim Horty, a spokesman for the U.S. Attorney’s office in Indianapolis, said the office cannot confirm the names of any of the sources the government used in its investigation of Mr. Fogle.

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