H. Ty Warner, the billionaire creator of Beanie Baby plush toys, asked a U.S. judge to give him probation, not prison, for evading taxes on secret Swiss accounts that held as much as $107 million.

Warner, 69, faces 46 months to 57 months in prison under nonbinding guidelines when he’s sentenced Jan. 14 in Chicago. Warner, who also runs hotels, wants the judge to impose a term of probation with community service, according to a Dec. 31 court filing.

Warner is among more than 100 people prosecuted in the past five years during a U.S. crackdown on offshore tax evasion.

The Justice Department hasn’t filed its sentencing memo yet.

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