United States v. Wittig

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 element. We therefore ordered the defendants acquitted of those offenses. The government’s error on the substantive wire fraud counts, we…