Former franchisee alerted Subway about Fogle

A FORMER franchisee alerted a Subway advertising executive in 2008 about her concerns about pitchman Jared Fogle, according to her lawyer.

FILE - In this Aug. 7, 2001 file photo, Jared Fogle holds up a pair of jeans he used to wear after losing weight in Albuquerque, N.M. Subway benefited hugely from Fogle’s weight loss story. Now the sandwich chain needs to figure out how to prevent him from overshadowing its future. (AP Photo/Ivan Chavez)

A FORMER franchisee alerted a Subway advertising executive in 2008 about her concerns about pitchman Jared Fogle, according to her lawyer.

Cindy Mills exchanged phone numbers with Fogle after they met at an event, said Robert Beasley, a lawyer in Florida who represents Mills. After Fogle began talking about paying for sex with minors, the lawyer said Mills alerted a regional Subway contact in Florida where her business was based.

Later, he said 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 by the former franchisee about Fogle, which were previously reported by Business Insider. The publication initially kept Mills’ identity anonymous at her request, but identified her on Thursday. It also identified Moody as the Subway executive she alerted.

Beasley said Mills became comfortable about coming forward after Fogle agreed on Aug. 19 to plead guilty to allegations that he paid for sex with girls as young as 16 and received child pornography. Mills was not immediately available for comment Thursday evening. But according to Beasley:

— Mills offered to show Moody the texts from Fogle, but Moody stopped her and said he didn’t want to hear anymore.

— Moody said he had dealt with similar comments, and reassured Mills that Fogle had met a teacher who would get him grounded.

FILE – In this July 7, 2015 file photo Subway restaurant spokesman Jared Fogle leaves a mobile evidence-gathering lab outside of his home as Indianapolis Metropolitan Police Department Det. Darin Odier holds the door, in Zionsville, Ind. The extensive investigation that led this week to longtime Subway pitchman Jared Fogle agreeing to plead guilty to sex and child pornography crimes shines the brightest spotlight yet on an Indiana task force devoted to pursuing crimes against children that is one of the nation's most aggressive and effective child pornography hunters. (Charlie Nye/The Indianapolis Star via AP)

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

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

Moody is currently CEO of Rita’s Italian Ice, according to LinkedIn. The site says he was CEO of Subway’s franchise advertising fund from 2007 to 2011.

The agreement with Fogle released by prosecutors said Fogle will pay $US1.4 million in restitution to 14 minor victims, who will each get $US100,000. The document noted that the payments would not prevent any identified or unidentified victims from pursuing civil litigation.

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

The same day authorities announced the deal with 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 Fogle.