Topeka ? A federal judge will decide whether to send former Westar Energy Inc. chief David Wittig to prison after prosecutors on Wednesday claimed he has violated terms of his release.

U.S. District Judge Julie Robinson has scheduled a Dec. 21 hearing to hear evidence that Wittig sold $1.2 million in stock last year without telling the U.S. Attorney’s Office as required.

Wittig was convicted in 2003 of helping former Capital City Bank President Clinton Odell Weidner hide from bank officials and federal regulators a $1.5 million loan Wittig had made to Weidner.

Wittig was sentenced to 51 months in prison, but the court allowed him to remain free on bond if he didn’t sell property worth more than $25,000.