U.S. v. WITTIG

No. 08-3220.

575 F.3d 1085 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. David C. WITTIG and Douglas T. Lake, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 10, 2009.


Attorney(s) appearing for the Case

Maxwell Carr-Howard, Husch Blackwell Sanders LLP, Kansas City, MO, (Patrick A. McInerney and Lyndsey J. Conrad with him on the briefs), for Defendant-Appellant, Douglas T. Lake.

Jeffrey D. Morris, Jeremy S. Weis, and Christina Birgensmith, Berkowitz Oliver Williams Shaw & Eisenbrandt LLP, Kansas City, MO; and Paula M. Junghans, Zuckerman Spaeder, Washington, D.C., for Defendant-Appellant, David C. Wittig.

Richard L. Hathaway, Senior Litigation Counsel, United States Attorney's Office, Topeka, KS (Marietta Parker, Acting United States Attorney, and Christine E. Kenney, Assistant United States Attorney, with him on the brief), for Plaintiff-Appellee.

Before MURPHY, McKAY, and GORSUCH, Circuit Judges.


GORSUCH, Circuit Judge.

David Wittig and Douglas Lake continue to labor under an indictment for allegedly looting their former company, Westar Energy, Inc. Their first trial ended in a hung jury. A second trial yielded convictions, but we reversed those convictions on appeal. With respect to the substantive counts of wire fraud and money laundering, we held that the government had failed to produce sufficient evidence (actually, any evidence) of an essential...

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