The text messages Fogle exchanged with the woman between January 2008 and June 2008 allegedly encouraged her to advertise herself on Craigslist for sex with other men. Fogle told her she could make $500 per sex act and asked her if he could watch. The woman's attorney claims she became increasingly uncomfortable with Fogle as he pushed her to post on Craigslist and described other trysts to her. The attorney shared the text of messages in which Fogle encouraged the woman to arrange a tryst with her underage cousin and talked about paying for sex with a 16-year old girl.
"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 woman eventually hired an attorney, who had her extract all of the text messages from her cell phone to determine if they violated her franchise contract with Subway. After the woman reported the exchanges to Subway management, she met with two levels of management to share the exchanges and requested she be allowed to remove all advertising related to Fogle from her store. Subway determined no violations had occurred following their investigation according to the woman's attorney. Subway told Business Insider it had no record of the woman's allegations.
Earlier this year, law enforcement arrested Russell Taylor, the man Fogle had hired to run a nonprofit foundation he established to help combat childhood obesity, following a raid of his home and filed numerous child pornography charges against him. As part of its ongoing investigation, authorities raided Fogle's Zionsville home last month. No charges have been filed against Fogle as a result of that raid.