Topeka ? David Wittig’s home is protected from forfeiture by the Kansas Homestead provision and should not be seized by the federal government, attorneys for the former Westar Energy president’s wife said in court filings.

Wittig, who also was Westar’s chief executive officer and board chairman, was convicted in September of 12 federal felony counts accusing him of looting the state’s largest utility.

He shares the Landon mansion in Topeka with his wife, Beth. She and Westar filed competing claims on Thursday in federal court.

After David Wittig was convicted in Kansas City, Kan., U.S. District Judge Julie Robertson ordered the forfeiture of assets owned by Wittig and Douglas Lake, the company’s former chief financial officer.

Lake was convicted of 30 counts.

Thursday’s filings by Beth Wittig and Westar both request Robinson to conduct hearings on disposal of the assets.

Westar’s attorneys contend the utility, as “the victim of Wittig’s crimes,” should get assets worth $42.1 million – including $4 million from the sale of the Landon mansion.

Most of the assets, the largest of which is a $28 million split-dollar life insurance policy, are money and securities.

Westar contends they were company assets before Wittig could claim any ownership of them.

“The jury has plainly found that Westar was defrauded and that Wittig and Lake wrongfully took Westar’s property,” Westar attorneys wrote in their filing.