Former Westar chief’s sentencing delayed

? A federal judge has again postponed sentencing for former Westar Energy Inc. chief David Wittig and his personal banker, a delay that will also help prosecutors unravel an Arizona land deal caught up in the loan conspiracy case.

Wittig and co-defendant Clinton Odell Weidner II originally had been scheduled for sentencing Oct. 20 on charges of conspiracy, money laundering and making false bank entries.

But the date was moved to Dec. 1, and U.S. District Judge Julie Robinson on Thursday granted another postponement and set sentencing for Feb. 27.

A federal jury on July 14 convicted both men on six counts stemming from two transactions executed in April 2001 at Topeka’s Capital City Bank, where Weidner was president and served as Wittig’s personal loan officer.

First, Wittig’s personal credit line was increased — at his request and on Weidner’s recommendation — by $1.5 million.

Hours later, $1.5 million was transferred from Wittig’s account directly into a real estate project in which Weidner was investing near Scottsdale, Ariz.

The government contended that the two men conspired to conceal the loan from federal banking officials. Prosecutors also contended that Wittig helped Weidner so that the banker would help make $20 million worth of loans available to Wittig and other executives at the state’s largest electric utility.

As a result of his conviction, Weidner must forfeit any real property he obtained with the loan money. But prosecutors now want the judge to order that Weidner forfeit money rather than real estate.

Friday, prosecutors asked Robinson to postpone a Nov. 25 hearing on the forfeiture issue so that factual issues can be resolved.

Two companies — EagleRidge at Fountain Hills, Ariz., and Scottsdale Sierra Eagle Ridge — contend they have some interest in the property. Weidner contends he doesn’t own any of the land but has a 50 percent stake in Scottsdale Sierra Eagle Ridge, which in turn owns real property.

Weidner opposes the government’s post-trial decision to seek money rather than property from him.

“The government cannot now obtain a second bite at the forfeiture apple,” Robert Eye, an attorney for Weidner, wrote in a court document filed Friday.

Wittig’s lawyers had sought the sentencing delay because of professional obligations and holiday travel.