Federal prosecutors say they're appealing the sentence for billionaire Beanie Babies creator that included no prison time for hiding around $25 million from U.S. tax authorities.
The U.S. attorney's office in Chicago filed a notice of appeal in H. Ty Warner's case on Thursday.
At his sentencing last month, a judge went to lengths to praise Warner's charitable giving and concluded society would be better served by keeping him out from behind bars. He was sentenced to two years of probation.
The 69-year-old could have been sentenced to up to five years in prison. Prosecutors had asked he be imprisoned for at least a year.
Department of Justice officials in Washington must still give their formal approval to the appeal. But that usually follows regional prosecutors' decision.