U.S. District Judge Julie Robinson on Monday issued an order directing Kansas-based Westar Energy not to make any payments to former Chairman and CEO David Wittig or former Executive Vice President Douglas Lake.

According the Business Journal of Kansas City, Robinson’s order was fuzzy as to what payments are in play. However, Westar and the two former executives have been locked in an arbitration proceeding stemming from the power company’s efforts to avoid payments to Lake and Wittig under their employment agreements and to recover damages arising from their conduct when they served as Westar officers.

Wittig has asserted counterclaims against Westar for $110 million and Lake, the company’s former executive vice president and chief strategic officer, asserted counterclaims against the company for $70 million.

Wittig and Lake were indicted in December by a federal grand jury on 40 counts of conspiracy, fraud and related criminal charges.

A grand jury in Topeka, KS, charged Wittig and Lake with one count of conspiracy to defraud the Kansas-based energy company, 14 counts of skirting internal accounting controls and falsifying books and records, eight counts of wire fraud, 10 counts of submitting false statements to federal agencies and six counts of engaging in illegal money transactions.

This indictment charged that while Westar Energy’s stock plunged, Wittig and Lake reaped more than $25 million and $7 million, respectively, in salary and benefits under “false pretenses” between 1995 and 2002; sought to “systematically loot” the company’s assets and money; and flouted internal controls that were in place to ensure accountability.

Wittig earlier this year was sentenced by Robinson to 51 months in federal prison, without parole, to be followed by three years of supervised release, and ordered to pay a $1 million fine. Last Summer, Wittig was found guilty of one count of conspiracy, four counts of making false bank entries and one count of money laundering.

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