TOPEKA, Kan. (AP) _ Former Westar Energy CEO David Wittig loses another round in his fight to avoid returning to prison over a 2003
bank fraud conviction.
In June, a three-judge panel of the 10th U.S. Court of Appeals in Denver upheld a 24-month sentence for Wittig.
His attorneys asked the entire 12-member court to review that decision. On Tuesday, the court decided 6-5, with one judge not participating, against it.
Wittig served more than a year in prison before being released on appeal. He could appeal to the U.S. Supreme Court.
He was convicted of loaning $1.5 million to a former Topeka banker, then helping him hide the transaction.
In a separate criminal case, prosecutors alleged Wittig tried to loot Westar while running the utility. A third trial in that case was to begin earlier this month, but is delayed while an appeals court considers a motion in the case.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or email@example.com.