Lawyers for billionaire H. Ty Warner, the creator of Beanie Babies, successfully used a defense based on the government's treatment of Olenicoff to spare Warner from a jail sentence.
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Warner had been convicted of illegally hiding $106 million in offshore accounts, which was revealed when he tried to take advantage of the IRS tax amnesty that was offered in the wake of the 2008-10 UBS tax scandal.
Ironically, the DOJ decided to charge Birkenfeld with a felony count of conspiring to abet tax evasion by one of his clients, Igor Olenicoff.
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