Topeka ? The former chief executive officer of Westar Energy Inc. is getting out of federal prison next month.

In court documents filed Tuesday, attorneys for David Wittig said he is scheduled to be released on Aug. 4 and sent to a halfway house. Wittig was convicted of bank fraud in 2003 and was eventually sentenced to two years in prison.

He served 13 months of his sentence before returning in January to a federal prison in Sandstone, Minn., to complete the remaining 11 months. His attorneys are asking that the judge in the case reinstate terms that allowed him to remain free pending appeal in a separate criminal case.

That case, in which Wittig is accused of looting the Topeka-based utility, is on hold while the 10th U.S. Circuit Court of Appeals decides whether Wittig and another former Westar executive can be tried on the charges for a third time.