Warner had tried to take advantage of the IRS tax amnesty that was offered in the wake of the UBS 2008–10 tax scandal, but the government refused to accept him. His lawyers, including former IRS Deputy Commissioner Mark M. Matthews who is now a Member of Caplin & Drysdale, successfully used the "Olenicoff Defense" to convince the judge that Warner did not deserve the year-and-one-day prison sentence recommended by prosecutors. The defense was based on the government's treatment of Igor Olenicoff, a California real estate tycoon. The lawyers cited Olenicoff for getting off without a jail sentence when he was sentenced for tax evasion via offshore accounts.