CHICAGO (AP) — Lawyers for the billionaire creator of Beanie Babies say a federal judge didn’t let him off too easily by giving him probation and no prison time for hiding at least $25 million from U.S. tax authorities in Swiss banks.

In a 57-page filing Thursday with the U.S. 7th Circuit Court of Appeals, Ty Warner denies the judge in Chicago sent a message that there’s a different standard for the wealthy.

That’s the prosecutors’ argument in their recent appeal asking for a do-over of Warner’s sentencing. They want Warner to spend at least some time behind bars.

In sentencing him to two years of probation in January, Judge Charles Kocoras heaped praise on Warner for his charitable giving. Tuesday’s filing echoes that, calling Warner “a self-made man with a generous heart.”

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