TOPEKA - Former Westar Energy CEO David Wittig has just lost 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 former Topeka banker Del Weidner, then helping him hide the transaction.
In a separate criminal case, prosecutors alleged Wittig tried to
loot Westar while running the utility.