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Fmr Subway rep Jared Fogle to plead guilty to child porn, sex with minors charges

Former Subway spokesman Jared Fogle will plead guilty to charges related to child pornography and sexual conduct with minors, according to documents seen by CNBC on Wednesday.

He will not ask for less than five years and the government will not ask for more than 151 months (12 years, 7 months), according to the terms of the agreement.

Former Subway pitchman Jared Fogle leaves the Federal Courthouse in Indianapolis, Wednesday, Aug. 19, 2015 following a hearing on child-pornography charges. Fogle agreed to plead guilty to allegations that he paid for sex acts with minors and received child pornography in a case that destroyed his career at the sandwich-shop chain and could send him to prison for more than a decade.
Michael Conroy | AP
Former Subway pitchman Jared Fogle leaves the Federal Courthouse in Indianapolis, Wednesday, Aug. 19, 2015 following a hearing on child-pornography charges. Fogle agreed to plead guilty to allegations that he paid for sex acts with minors and received child pornography in a case that destroyed his career at the sandwich-shop chain and could send him to prison for more than a decade.

The first charge to which Fogle will plead guilty is "distributing and receiving visual depictions of minors engaging in sexually explicit conduct, and conspiring with others to do so," according to the filing. The second count charges Fogle with traveling "in interstate commerce in order to engage in unlawful sexual acts with minors, and attempted to do so."

Fogle became the face of Subway for more than 15 years after shedding more than 200 pounds as a college student, in part by eating the chain's sandwiches. Subway says it has ended its relationship with Fogle.

Subway still featured at least one mention of Fogle on its site until midday Wednesday—"Jared's Pants Dance game" said it could "Bring Your Kids Meal to Life!"

As part of his plea agreement, Fogle will pay $1.4 million in restitution—$100,000 to each of 14 underage victims.

Speaking to the media Wednesday, Jeremy Margolis, one of Fogel's attorneys, said his client "will fully and completely acknowledge the responsibility for his wrongdoing."

Margolis added that Fogle "knows the restitution can't undo the damage that he's done, but he will do all in his power to try and make it right."

In the filing, Fogle stipulates that the government would be able to prove that he received visual depictions of minors engaging in sexually explicit conduct on multiple occasions, that he knew they were under 18 years of age, and that the former Subway pitchman even "met the minors during social events in Indiana."

None of the minors in the content created by Fogle's primary pornography supplier knew they were being filmed—and were instead captured in images and videos by hidden cameras. Additionally, Fogle was provided with content from other sources with victims who were "as young as approximately six years of age."

Fogle also stipulated to the government's evidence that on at least two occasions he traveled to New York City "in order to engage in commercial sexual activity with minors." This included sex-for-money encounters with a 17-year-old woman in the city's Plaza Hotel and Ritz Carlton Hotel.

Read MoreSubway and Jared suspend relationship

Fogle agreed to participate in sexual disorder treatment and to register as a sex offender in any state he will live or work in.

Margolis said his client "knows he has a medical problem," and has sought evaluation from a psychiatrist.

After it came to light in July that Fogle was the subject of a child porn investigation, Subway provided CNBC with the following statement:

Subway and Jared Fogle have mutually agreed to suspend their relationship due to the current investigation. Jared continues to cooperate with authorities and he expects no actions to be forthcoming. Both Jared and Subway agree that this was the appropriate step to take.

Katie Fogle, the former pitchman's wife, said in a statement that she was shocked and disappointed by the recent developments, and that she is filing for divorce, Indianapolis NBC affiliate WTHR-TV reported.

—The Associated Press contributed to this report.