CHICAGO, Feb. 13 (UPI) -- In an unusual move, federal prosecutors in Chicago asked permission Thursday to appeal the probationary sentence given Ty Warner, the creator of Beanie Babies.
A judge sentenced Warner to two years probation and 500 hours of community service last month for income tax evasion.
The Justice Department is likely to give the U.S. Attorney's Office in Chicago leave to proceed with the appeal, the Chicago Sun-Times reported. While federal prosecutors rarely appeal non-custodial sentences, permission is considered a formality when they want to, the newspaper said.
Warner, 69, of Oak Brook, Ill., is to perform his community service at three Chicago high schools.
"We're working out the details of Mr. Warner's community service with the designated schools," a spokesman said. "He's looking forward to beginning his work there and expects it to begin soon."
U.S. District Judge Charles Kocoras was apparently moved at the Jan. 13 sentencing by testimony about Warner's charitable contributions and letters describing him as a good employer. His lawyers also argued that many people convicted of evading large amounts of taxes receive lenient sentences.
They also said the $80 million he paid -- $27 million in unpaid taxes and $53 million in penalties -- and the humiliation of being charged and convicted was punishment.
Prosecutors asked for a year behind bars, citing cases where people convicted of evading smaller amounts had gone to prison.
