Kansas City, Mo. ? A day after the federal fraud trial of two former Westar Energy Inc. executives ended in a mistrial, prosecutors began the process Tuesday of deciding whether to retry the case.

Former Westar chief executive David Wittig and former executive vice president Douglas Lake were facing 40 counts related to charges of looting the largest electric utility in Kansas.

U.S. District Judge Julie Robinson, who oversaw the seven-week-long trial in Kansas City, Kan., has scheduled a status hearing on the case in two weeks.

A spokesman for the U.S. Attorney’s Office in Wichita said Tuesday that a decision had not yet been reached about whether to retry Wittig and Lake.

But a former federal prosecutor said “everything is on the table” for prosecutors to pick up the pieces of a failed trail.

“It’s an opportunity to reassess everything: the way it was presented, trial strategy, the number of charges, the types of witnesses. It’s a huge opportunity to learn and perhaps take a second approach to things you might have done differently,” said Patrick McInerney, who served as an assistant U.S. attorney in Missouri for five years and now is in private practice. “It’s fair to say you find a rededication to the case.”

On Monday, the six-man, six-woman jury told Robinson that they could not reach a unanimous decision on 22 counts that included conspiracy, wire fraud and circumvention of internal controls.

Jurors said they had reached a consensus on the remaining 17 counts of money laundering, but Robinson agreed with assistant U.S. Attorney Richard Hathaway and defense attorneys that a partial verdict was not proper and didn’t disclose the jury’s decision on those counts. The 40th count, forfeiture, was applicable only if Wittig and Lake were guilty of the other charges.

Prosecutors claim the two men used corporate aircraft for personal trips without reimbursing the company or claiming the trips as taxable income, abused a company executive relocation program, pushed the company to make investments in which they had personal stakes and helped engineer a potential utility merger that would have netted them millions of dollars in so-called “change in control” payments.