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Ty Warner filing ahead of sentencing on tax evasion conviction

Ty Warner filing ahead of sentencing on tax evasion conviction

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Published by chicagotribune
Beanie Babies creator Ty Warner, who in October pleaded guilty to tax evasion, said that he should receive probation when he is sentenced by a federal judge later this month.

In a filing Wednesday in federal court that also describes his being a product of an "unhappy family," Warner said that he has met with terms of his plea agreement, including paying a $53 million civil penalty and at least $16 million in back taxes.
Beanie Babies creator Ty Warner, who in October pleaded guilty to tax evasion, said that he should receive probation when he is sentenced by a federal judge later this month.

In a filing Wednesday in federal court that also describes his being a product of an "unhappy family," Warner said that he has met with terms of his plea agreement, including paying a $53 million civil penalty and at least $16 million in back taxes.

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Categories:Business/Law
Published by: chicagotribune on Jan 02, 2014
Copyright:Attribution Non-commercial

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01/08/2014

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS (EASTERN DIVISION) UNITED STATES OF AMERICA ) ) v. ) No. 13 CR 731 ) Honorable Charles P. Kocoras H. TY WARNER ) DEFENDANT’S SENTENCING MEMORANDUM IN SUPPORT OF A SENTENCE OF PROBATION WITH SPECIAL CONDITIONS
Case: 1:13-cr-00731 Document #: 24 Filed: 12/31/13 Page 1 of 41 PageID #:231
 
-i- TABLE OF CONTENTS Page Table of Contents………………………………………………………………………………..…i Table of Authorities……………………………………………………………………………....iii Relevant Factual Background……………………………………………………………..………2 A.
 
Personal and Business Life………………………………………………………………..2 B.
 
The Offense Conduct…………………………………………………………...…………6 C.
 
Charitable Contributions……………………………………………………...………….10 D.
 
Remediation Efforts………………………………………………………………...……13 Argument………………………………………………………………………..……………….13 1.
 
The Nature of the Offense and The History and Characteristics of the Defendant……...15 a.
 
The Nature of the Offense……………………………………………………………15  b.
 
The History and Characteristics of the Defendant…………………………………...18 (i)
 
 No history of criminal activity coupled with decades of lawful and significant tax payments……………………………………………...…19 (ii)
 
Businessman who overcame significant odds…………...…..………………19 (iii)
 
Voluntary attempt to correct his errors and the extraordinary acceptance of responsibility it demonstrates………………………….……..20 (iv)
 
 Numerous personal acts of charity, both large and small…………….……...20 (v)
 
Caring businessman who nurtures his employees’ growth…………….…....21 (vi)
 
Ty’s age and physical health……………………………………………...…21 2.
 
The Purpose of Sentencing………...…………………………………………………….22 3.
 
The Kinds of Sentences Available………………...……………………………………..23 a.
 
A Sentence of Probation with Home Confinement Is Appropriate……………...…24  b.
 
Support for Community Service Sanctions…………………………………………25
Case: 1:13-cr-00731 Document #: 24 Filed: 12/31/13 Page 2 of 41 PageID #:232
 
-ii- 4.
 
The Sentencing Guidelines………...…………………………………………………….29 5.
 
Pertinent Policy Statements………...……………………………………………………29 6.
 
The Need to Avoid Unwarranted Disparities Among Similar Offenders………...…...…29 7.
 
The Need to Provide Restitution to Any Victims of the Offense………...…………...…33 Conclusion: A Sentence of Probation with Special Conditions Is Appropriate………...…….....34
Case: 1:13-cr-00731 Document #: 24 Filed: 12/31/13 Page 3 of 41 PageID #:233

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