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In the Courts
Seventh Circuit: Below Guidelines Tax Evasion Sentence for Beanie Babies Founder Upheld
On July 10, 2015, the U.S. Court of Appeals for the Seventh Circuit upheld the district court's sentence of probation and a civil fine ' with no jail time ' for willful tax evasion, despite the recommendation of imprisonment pursuant to the Sentencing Guidelines. U.S. v. Warner' 2015 WL 4153651 (7th Cir. July 10, 2015). In light of what the district court called a “unique” set of circumstances, billionaire H. Ty Warner (the creator of Beanie Babies) walked out of the courtroom a free man, even after costing the government over $5 million in tax revenue.
In 1996, Warner traveled to Switzerland, where he opened an offshore bank account at UBS AG (UBS). Id' at *1. After UBS entered into an agreement with the IRS in 2001, imposing strict tax reporting obligations, Warner took his business to another Swiss bank, Zuercher Kantonalbank (ZBK). Id. at *2.
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