Witness says Wittig tried to reimburse Westar for jet ride

Attorney says company lacked payback policy

? Former Westar chief executive David Wittig tried to reimburse the utility for his personal use of a company jet not long after arriving at Westar, a witness testified in Wittig’s federal fraud trial Tuesday.

Jeffrey Lang, an attorney whose firm was paid by Westar Energy Inc. to investigate Wittig’s conduct, said Westar controller Lee Wages told him that Wittig wrote a $300 check in late 1995 or early 1996 for a private trip to Colorado on a company jet.

Under questioning by Wittig’s attorneys, Lang said he didn’t know if the check was returned but that it appeared the Topeka-based company did not have a policy regarding reimbursements for employee use of the plane.

Lang also acknowledged that former company CEO John Hayes reimbursed the company for private jet trips until 1991. Haines stopped reimbursing Westar after the company said it didn’t have a federal charter jet license and could not bill employees for the use.

Wittig and Douglas T. Lake, former executive vice president, are charged with looting Westar, the largest electric utility in Kansas. Each man is facing 40 counts and more than 10 years in prison.

The charges include using company jets for personal trips without either reimbursing the company or reporting the trips as taxable income.

Defense attorneys argue the trips were for business purposes and that many senior employees often used the jets for private use.

Also on Tuesday, attorneys for Wittig focused on charts prepared by prosecutors that show how much Wittig made during his eight years at Westar. Prosecutors have said they want to force Wittig and Lake to forfeit any money, stock or other compensation they received while working for Westar.

Under cross-examination, Westar employee benefits manager Jeff Hall said that while Wittig received $29.7 million in compensation, about $9.6 million was deferred and never paid.

The trial, which began Oct. 19, was expected to last 10 weeks.

The case is United States of America v. David C. Wittig and Douglas T. Lake, No. 03-cr-40142.