Wittig, Lake have to give up $53.5M

Westar will get most

? Two former Westar Energy executives were ordered to forfeit a total of $53.554 million to the utility they were convicted of looting.

In separate orders issued this week, U.S. District Judge Julie Robinson divided up the forfeited assets of David Wittig and Douglas Lake and distributed them among Wittig’s wife, the government and the utility.

Wittig, Westar’s former president, board chairman and chief executive officer, forfeited $44.464 million to the utility. Lake, the former executive vice president, forfeited $9.09 million to Westar.

Last fall, the same federal jury that convicted Wittig of 39 felony counts and Lake of 30 also ordered them to forfeit millions of dollars in assets.

Westar will get the bulk of the forfeited assets.

Wittig also was ordered to forfeit $10.681 million to the federal government, and his wife, Beth, got $367,460 in Robinson’s order.

Beth Wittig’s attorneys, federal prosecutors and attorneys for Westar and the government have submitted a separate, confidential settlement proposal for her. Its terms will not be disclosed.

The forfeiture orders also cover any arbitration award that Lake or Wittig might get. Both claim wrongful discharge, with Lake seeking $220 million and Wittig seeking $110 million.

Wittig and Lake are to be sentenced Monday, and a presentence report from the U.S. Probation Office recommends that both be sentenced to life in prison.

Lake remains free on bond. Wittig has been jailed since Jan. 17.