case Document ,1 Filed_08/19/15 Page Definitions 28. The term ?illicit sexual conduct? was de?ned as any?comm'ercial sex act with a person under 18 years-of age; or the production of child pornography. is 2423(1); - 29. The term ?commercial sex act? was de?ned as any sex act for._ Which anything of value is given to or received by any person. 18 2423(n'and '30. ?Minor Victim 13? and ?Minor Victim 14? were girls under the age of 18 years engaged in commercial sex traf?cking through an Internet website containing advertisements for erotic services. Defendant?s Commercial Sexual Activitv with Minors 3 1. Beginning in or about 2007 and continuing until on or about June . - .23, 2015, the. Defendant repeatedly engaged in Internet social networking and traveled for the purpose of engaging in commercial sexual activity-.- I 32. The Defendant did this using an Internet email account, Social I. networking websites containing advertisements for escorts or erotic services, online mesSaging services, and text messages. All of these activities used facilities-of interstate or foreign commerce. Minor Victims. 13 and 14 I .33. Between in or about 2010 and in orabout February 2013, the Defendant traveled frOm Indiana to New York City in order to engage in Case Document 1 Filed 08/19/15 Page 9 of 12 PageID 9 commercial sexual acts with minors under the age of 18 years, including Miner .Victim 13 and Minor Victim 14. 34. On or about November 3, 2012, the Defendant engaged in sexual acts with Minor Victim 13 in exchange for amOunt of US. Currency. This occurred the Plaza Hotel, 768 5th-Ave, New York, NY, when she was then 1-7 years of age. The Defendant was a guest at the hotel. 35. The next day, on or about November 4, 2012, the Defendant sent text messages to Minor Victim 13 offering to pay her a fee if she could ?nd him an underage girl to engage in commercial sex acts with him. During these discussions, the Defendant stated that he would accept a 16 year old girl, while I stating that the younger the girl, the better. 36. On or about December 27, 2012, the Defendant sent text messages to Minor Victim 13 offering again to pay her a fee if she could ?nd him a young minor to' engage in commercial sex acts with him. . During these discussions, the Defendant stated that he would really make it worth her while if she could ?nd one. The Defendant also provided his email address and asked Minor Victim 12 to send him some pictures of herself to him. I 37. At the Defendant?s request, on or abdut December 27, 2012, Minor Victim 13-sent a message to-th'e Defendant?s email account containing three ?attached images. One of these images showed the nude genitals or pubic area of Minor Victim 13. The Defendant acknowledged receiving these pictures in a Case Document 1 Filed 08/19/15 Page 10 of 12 10 text message and expressed his approval of the content. -M-inor Victim 13 was then 17 years of age. 38. on or about January 11, 2013, the Defendant engaged in sexual acts with Minor Victim 13 in exchange for an amount of US. Currency. This occurred at the Rita-Carlton Hotel, 2 west St, New York,- when she was then 17 years of age. The Defendant was a guest at the hotel. 1 39. The various meetings between the Defendant and Minor Victim 13 . were arranged through text messages and Internet communications which. ?provided sexually explicit details and ?nancial terms. 40. Minor Victim 13 provided the Defendant with her true age when they ?rst met and he then knewthat she was a minor before her 18th birthday in Apr-112013. . 41. At other times, the Defendant asked Minor Victim 13 to provide him with access to'other underage minors for purposes of commercial sexual activity. Other Solicitations and Activities 42. Between in or about June 201 1 and-in or about 2013', the Defendant repeatedly sent text messages to several escorts other than Minor- Victim 13 soliciting them to provide him with access to miners as young as 14 to 15 years for purposes of commercial sex acts with him. He did this only 10 Case Document 1 Filed 08/19/15 Page _11 of 12 PageID 11 after engaging in commercial sexual acts with the escorts to insure that they were not undercover police of?cers. I 43. The Defendant repeatedly made travel plans in order to' have his business trips coincide with his pursuit of commercial sex acts. I 44. The Defendant used facilities of interstate Commerce to provide his contact information and a telephone number in communications. with I prostitutes. Communications with Non-Prostitutes 45. At various times between in or about 2007 and in or about 2013, the Defendant communicated With several adult women who were not escorts and expressed his desire to engage in sexual acts with young minors. In some. 7 cases, he stated that he has done so in the past. 46. Between in or about November 3, 2012, and on or about January 1 1, 2013, at Zionsville, in the Southern District of Indiana, the Defendant, JARED FOGLE, travelled in interstate commerce, and attempted to do so, for. the purpose of engaging in any illicit sexual conduct, as de?ned in Title 18, I I United States Code, Section 2423(1), with another person, that'being, commercial sexual acts with Minor Victim 13, a minor, and commercial sexual acts with other minors. ll