CHICAGO – Prosecutors say a judge erred by letting the billionaire creator of Beanie Babies off with no prison time for hiding millions from U.S. tax authorities in Swiss banks. They want the U.S. 7th Circuit Court of Appeals in Chicago to order that he be resentenced.

They argue in an appeal filed Friday that the tax evasion H. Ty Warner pleaded guilty to called for a stint behind bars. At his January sentencing, they asked that the 69-year-old be imprisoned for at least a year.

But Judge Charles Kocoras heaped praise on the toymaker for his charitable giving. Kocoras said society was better served by giving Warner two years’ probation.

In their 55-page appeal, prosecutors said Warner’s light sentence could send a message that there’s a different standard for the wealthy.