Attorney’s office using recordings to prosecute Jared Fogle

U.S. prosecutors have a copy of audio recordings a woman in Florida says she made of former Subway pitchman Jared Fogle discussing his sexual encounters with children and took those recordings into account before charging him, officials said on Thursday.

Fogle, who became famous after losing weight on a diet that included Subway sandwiches, agreed in August to a deal with prosecutors under which he would plead guilty to charges of child pornography and traveling for illicit paid sex with minors. The court has entered a technical plea of not guilty while a judge reviews the deal and decides whether to accept it.

U.S. Attorney's office spokesman Tim Horty confirmed federal authorities had received a copyof the recordings that Rochelle Herman-Walrond said she made of telephone conversations with Fogle, but he declined to say whether the voice was Fogle's.

"The US Attorney's Office is aware of a recorded conversation between the two and have acopy," Horty said in an emailed statement. "The recordings were not part of our initial investigation into the Fogle case, but were taken into account in our charging decision. We havehad no recent contact with Ms Herman-Walrond."

Herman-Walrond gave copies of the recordings to the Dr. Phil Show. The show said in a statement on Wednesday that it would air them on Thursday and Friday as part of a two-part episode, and that the voice identified as Fogle's discusses his sexual interest and sexual encounters with children.

The show quoted Herman-Walrond as saying she first met Fogle in 2006 when he was a guest on her local Florida radio show, and that she contacted the FBI after he discussed his sexual interest in children with her. It said she spent five years secretly recording Fogle.

Fogle's attorney Ron Elberger declined to comment.

Wendy Osbourne, a spokeswoman for the FBI in Indianapolis, said the agency "does not confirm or deny working with (Herman-Walrond) or having any contact with her. This is an ongoing case."

Under an agreement reached with authorities, Fogle is scheduled to change his plea officially to guilty on Nov. 19 and be sentenced before a U.S. District Court judge.

Fogle would serve between five and 12 years in prison under the deal, but the judge ultimately gets to pick the sentence and Fogle could face a maximum of 50 years.

Subway fired Fogle when reports of the plea agreement emerged.