Wittig’s attorney: Jury verdict to relinquish assets flawed

? David Wittig returned to federal court Monday to fight for his Topeka mansion and other assets a jury said should be seized following his convictions for looting Westar Energy Inc.

Attorneys for Wittig, the utility’s former chief executive, said a verdict ordering Wittig to turn over millions of dollars in assets was flawed. They worry the verdict can’t be carried out properly because of how it identifies assets and their values and that the government will seize property to which it’s not entitled.

One issue is Wittig’s mansion, formerly the home of the late Gov. Alf Landon, and what happens to it after Wittig is finished appealing his September convictions on 39 counts of conspiracy, wire fraud, circumventing internal controls and money laundering.

Prosecutors argued Wittig should turn over property as punishment, and the jury identified the mansion, some Westar stock, a special life insurance policy and $9.7 million in bonuses and payments earned while at Westar, the state’s largest electric utility.

U.S. District Judge Julie Robinson told Wittig’s attorneys that her main task would be to determine whether jurors had sufficient evidence to tie assets to the crimes for which Wittig and co-defendant Douglas Lake were convicted. Assistant U.S. Atty. Rich Hathaway said whatever the exact wording of their verdict, jurors were required only to establish a link between the crimes and certain assets.

But Wittig attorney Paula Junghans said: “We need to be precise.”

As an example, Junghans questioned the jury’s order for Wittig to turn over his special life insurance policy, which Westar held while Wittig was CEO. The policy would have paid out $28 million upon Wittig’s death, but he claimed some $2 million in benefits early.

The jury listed the policy’s value as $28 million, but Junghans noted Wittig is unlikely to see those benefits.